04.12.2007 CC Minutes3234
MINUTES
KENNEDALE CITY COUNCIL
REGULAR MEETING -APRIL 12, 2007
405 MUNICIPAL DR. - KENNEDALE MUNICIPAL BLDG.
COUNCIL CHAMBERS
Mayor Lankhorst called the meeting to order at 5:33 p.m.
Members present: Mayor, Bryan Lankhorst; Mayor Pro-Tem, George Barrett; Councilmember's
John Clark, Brian Johnson, David Green, and Ronnie Nowell.
Members absent: None
Staff present: Bob Hart, City Manager; Kathy Turner, City Secretary; Mark White, Community
Development Director; Clifford Blackwell, III, Director of Finance; Tommy Williams, Chief of
Police; Scott Raven, Fire Chief; Chad Grafton, Water Operations Supervisor; and Wayne K.
Olson, Legal Counsel.
I. WORK SESSION - 5:30 PM
Discussion will take place on the following items:
1. Proposed Ethics Policy.
A reivsed ethics policy was provided to Council for review. Council suggested
accepting the thirty day requirement to allow city elected and appointed officials to
complete the open meetings training, and recommended policy be placed on the
May agenda for consideration.
2. Entrance to Winding Creek Addition.
Discussion ensued about a request to waive impact fees from a developer who was
wanting to landscape the entrance into Winding Creek Addition. It was said that
the land belonged to the City and was within the right-of--way, and Council was the
sole authority to waive such fees. Council questioned the size of the area, and what
items would be placed within the right-of--way. It was noted grass and shrubs
would be planted, and area contained no more than a 20 x 60 strip. Council
recommended item be placed on May agenda for formal action.
Sale of city property located at 209 N. New Hope Rd., Kennedale, TX (Old City
Hall).
Council discussed the proposed use of the property with Ronald Hughes of The
R.W. Hughes Group, L.L.C. who bid on the property to place a funeral home and
cremation center.
4. Sales Tax Revenue Bond discussion per SW Securities, Mark McLiney.
Mark McLiney, Bond Counsel with Southwest Securities addressed Council
regarding the KEDC Issuance of Sales Tax Revenue Bonds, Serieos 2007, to
finance purchase of property for the TownCenter Plaza.
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5. Utility bill formula.
A brief discussion took place regarding the utility bill formula for commercial
buildings. It was suggested to review surrounding cities policies for comparison,
and see if an amendment was needed.
6. Any item on the agenda, if needed.
No further discussion, Mayor Lankhorst recessed into executive session at 6:36
p.m.
II.
RECESS TO EXECUTIVE SESSION - 6:30 PM
The City Council will meet 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; weight permits on Dick Price Road;
regulation of sexually oriented businesses; 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 (Dreamer's)
b. H&A Land Corporation, d/b/a/ Showtime Cabaret v. City of Kennedale;
Cause No. 4:05-CV-210-Y (Showtime)
c. City of Kennedale v. Log Cabin; Cause No. 342-218988-06.
e. City of Fort Worth's application for expansion of Southeast Landfill.
f. Memorandum of Understanding for sewer connection with City of Fort
Worth.
g. Wrey Crest Road right-of--way abandonment.
h. Certified Agenda for executive session.
2. The City Council will meet in closed session pursuant to Section 551.072 of the
Texas Government Code to deliberate the purchase, exchange, lease, or value of
real property.
III. RECONVENE INTO REGULAR SESSION - 7:00 PM
Mayor Lankhorst reconvened into regular session at 7:04 p.m.
IV. INVOCATION AND PLEDGE OF ALLEGIANCE
Bobby Bowfin, resident of Kennedale provided the Invocation, followed by Randy Smith
leading the Pledge of Allegiance.
V. TAKE ACTION NECESSARY PURSUANT TO EXECUTIVE SESSION.
Mayor Lankhorst reconvened into open session at 7:04 p.m. with no action taken on
executive session items.
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VI.
PRESENTATION(S)
1. Mayor Lankhorst will accept a presentation from Mike Bevill that will include an
American Flag that was flown in Fallujah, Iraq.
Mayor Lankhorst called upon Fleet Reserve Association Lone Star Branch l l
President, Arthur McAvoy who provided a history of Kennedale citizens support
for American Service Members serving in the Middle East. McAvoy recognized
the following individuals and presented each with a Certificate and/or American
Flag:
Melode Seremet and Gwen Warner, Leaders of Girl Scout Troop 2153 for sending
cookies and care packages; and
Janet Cassady, Leader of Girl Scout Troop 2144 for sending cookies and care
packages; and
John Berry for supporting wounded service members; and
Mark White on behalf of Kennedale City Staff for sending Christmas cards; and
Mayor Lankhorst on behalf of the Kennedale citizens.
2. Mayor Lankhorst will recognize Mark White, Director of Community
Development for his time served as Interim City Manager.
Mayor Lankhorst provided Mark White, Community Development Director with a
Certificate of Recognition for serving as Interim City Manager since May l 6, 2006.
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Mayor Lankhorst will present a grant check to the Fire Department from Wal-Mart.
Mayor Lankhorst presented a grant check to Scott Raven, Fire Chief from Wal-
Mart in the amount of One Thousand Dollars ($1,000.00), which will be used
towards fire equipment.
Mayor Lankhorst will recognize newly hired City Manager, Bob Hart.
Mayor Lankhorst recognized newly hired City Manager, Bob Hart, and welcomed
him to the City.
VII.
PUBLIC HEARING(S)
To receive citizen's comments regarding Case #PZ 06-13, a request for re-plat of
2.872 acres. Legal description being Block 1, Lot 1, Enox Office Addition in the
City of Kennedale, Tarrant County, Texas. The applicant, also, requests a variance
from the conformance of zoning ordinance requirements of the Sub-division
Regulations Section 17-213 (2) and from the minimum 50' frontage on and access
to an existing public street in Section 17-225. The property is located at 1129
Little School Rd as requested by William and Mary Enox.
Public Hearing was not held due to submittal of letter from Mary Enox requesting
re-plat be withdrawn from agenda.
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VIII. CONSENT AGENDA
Councilmember Barrett requested item eight be removed from consent agenda.
1. Approval of minutes: regular meeting dated March 8, 2007.
2. Consider approval of Resolution No. 226, endorsing certain legislative changes to
enhance the competitive electric market supported by CAPP.
3. Consider approval of Resolution No. 227, Opposing H.B. 651; Supporting S.B. 742
and H.B. 1994; and joining cities for reasonable gas rates.
4. Consider approval of Interlocal Agreement for Fire Services with the City of Fort
Worth.
5. Consider fund transfer to Capital Replacement Fund.
6. Consider approval to award bid for No Surface Drilling for city owned property.
7. Consider approval to award bid for T-3 Pump Station Improvements.
9. Consider approval of Resolution No. 228 calling for a public hearing on June 14,
2007 on the amendment of water, wastewater and roadway impact fees.
Councilmember Clark moved to approve consent agenda items one through seven, and
nine, second by Councilmember Green. Motion carried (5-0).
IX. REGULAR ITEMS
Consider approval of contract with JCW Electronics I Ltd., L.L.P. d.b.a. JCW
Inmate Payphone Systems for Inmate Telecommunications Vending Service
Agreement.
Councilmember Barrett moved to approve contract with JCW Electronics I Ltd.,
L.L.P. d.b.a. JCW Inmate Payphone Systems for Inmate Telecommunications
Vending Service Agreement, second by Councilmember Clark. Motion carried (5-
0).
10. Consider approval of Ordinance No. 360, to award bid for purchase of city owned
property located at 209 N. New Hope Road (Old City Hall), Kennedale, Texas.
Councilmember Green moved to deny Ordinance No. 360, award bid for purchase
of city owned property located at 209 N. New Hope Road (Old City Hall),
Kennedale, Texas. Motion second by Councilmember Johnson. Councilmember's
Green, Johnson, Clark and Nowell voted aye to deny Ordinance No. 360, while
Councilmember Barrett voted nay. Motion carried to deny (4-1).
11. Consider approval of Case #PZ 06-13, re-plat of Lot 1, Block 1, Enox Office
Addition, City of Kennedale, Tarrant County, Texas consisting of 2.872 acres. The
applicant, also, requests a variance from the conformance of zoning ordinance
requirements of the Sub-division Regulations Section 17-213 (2) and from the
minimum 50' frontage on and access to an existing public street in Section 17-225.
The property is located at 1129 Little School Rd as requested by William and Mary
Enox.
This item was withdrawn from the agenda at the request of Mary Enox.
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12. Consider approval of Ordinance No. 361, amending the Kennedale Code of
Ordinances by adding Section 12-8, Regulation of Sex Offender Residency.
Councilmember Barrett moved to approve Ordinance No. 361, amending the
Kennedale Code of Ordinances by adding Section 12-8, Regulation of Sex
Offender Residency second by Councilmember Green. Motion carried (5-0).
13. Consider approval of Resolution No. 229, approving a Resolution of Kennedale
Economic Development Corporation with respect to the issuance of its Sales Tax
Revenue Bonds, Series 2007, to finance the purchase of land and related
improvements in the TownCenter District in the City of Kennedale, Texas, and
approving other matters related thereto including a Sales Tax Remittance
Agreement and Project Agreement, and providing for an immediate effective date.
Councilmember Barrett moved to approve Resolution No. 229, a Resolution of
Kennedale Economic Development Corporation with respect to the issuance of its
Sales Tax Revenue Bonds, Series 2007, to finance the purchase of land and related
improvements in the TownCenter District in the City of Kennedale, Texas, and
approving other matters related thereto including a Sales Tax Remittance
Agreement and Project Agreement, and providing for an immediate effective date
subject to Bond Counsel approval to amendment on Page 1, second by
Councilmember Johson. Motion carried (5-0).
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14. Consider acceptance of Certificate of Unopposed Candidates and approval of
Ordinance No. 362 canceling May 12, 2007 General Election.
Councilmember Barrett moved to accept Certificate of Unopposed Candidates and
approval of Ordinance No. 362 canceling May 12, 2007 General Election, second
by Councilmember Green. Motion carried (5-0).
] 5. Consider approval to schedule special meeting to declare unopposed candidates
elected to office, Issue Certificate of Election, and Oath of Office.
Councilmember Clark moved to schedule a special meeting for May 15, 2007 at
7:00 p.m. to canvass unopposed candidates, second by Councilmember Nowell.
Motion carried (5-0).
16. Consider approval of Ordinance No. 363, defining the common boundary of the
City of Kennedale and the City of Arlington.
Councilmember Barrett moved to approve Ordinance No. 363, defining the
common boundary of the City of Kennedale and the City of Arlington, second by
Councilmember Green. Motion carried (5-0).
17. Consider approval of Resolution No. 230 authorizing continued participation with
the Atmos Cities Steering Committee; and authorizing the payment of 10 cents per
capita to the Atmos Cities Steering Committee to fund regulatory and related
activities related to Atmos Energy Corporation.
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Councilmember Clark moved to approve Resolution No. 230 authorizing continued
participation with the Atmos Cities Steering Committee; and authorizing the
payment of 10 cents per capita to the Atmos Cities Steering Committee to fund
regulatory and related activities related to Atmos Energy Corporation, second by
Councilmember Johnson. Motion carried (5-0).
X.
XI.
VISITOR/CITIZENS FORUM
Lisa Hoffman, 300 Spring Branch Ln., Kennedale, TX approached Council regarding the
implementation of a Neighborhood Crime Watch Program.
STAFF REPORT/ANNOUNCEMENTS
City Manager Report
Bob Hart, City Manager provided general information to Council, which included
announcements and dates for the following city events: Bark in the Park, Fire
Department Awards Banquet, Economic Summit, and Diversity Workshop.
Additionally, a General Fund Summary update was provided.
XII.
MAYOR/COUNCIL REPORT/ANNOUNCEMENTS
Mayor Report/Announcements
Mayor Lankhorst spoke about the Kennedale High School Wasted Program, and
upcoming city events. He also announced that the City was listed in the D
Magazine as one of the 10 most desirable cities to live in.
2. Council Reports/Announcements
Councilmember Nowell inquired about recycling programs. It was suggested that
City staff research community initiated recycling programs.
Councilmember Clark announced the Delaney Spaghetti and Basketball game fund
raiser to be held May 1 at 6 p.m. Clark also thanked Mayor Lankhorst for
attending the Mayor's Council meetings and stated that the City received points for
attending such meetings.
Councilmember Barrett announced that it had been an honor serving on the City
Council, and thanked Council for the privilege to serve in the capacity of Mayor
Pro-Tem. Barrett stated that he would miss everyone, but due to family needs he
was cutting loose.
Councilmember Green spoke about the Kennedale High School Wasted Program
and thanked all City Staff who volunteered and supported the program.
Councilmember Johnson thanked Mark White, Community Development Director
for speaking at South Tarrant County College.
No further comments, Mayor Lankhorst recessed the meeting to re-enter into
executive session at 8:30 p.m. Mayor Lankhorst reconvened into open session at
8:50 p.m.
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XIII. ADJOURNMENT
Councilmember Barrett moved to adjourn the meeting at 8:55 p.m., second by
councilmember Nowell. Motion carried (5-0).
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Kathy Turner, City Secretary
APPROVED:
Mayor, Bryan Lankhorst