06.14.2007 CC Minutes3250
MINUTES
KENNEDALE CITY COUNCIL
REGULAR MEETING -JUNE 14, 2007
405 MUNICIPAL DR. - KENNEDALE MUNICIPAL BLDG.
COUNCIL CHAMBERS
Mayor, Bryan Lankhorst called the meeting to order at 5:30 p.m.
Members present: Mayor, Bryan Lankhorst, Mayor Pro-Tem, John Clark; Councilmember's,
Brian Johnson, Jerry Miller, and David Green. Councilmember Ronnie Nowell arrived at 6:25
p.m.
Members absent: None
Staff present: Bob Hart, City Manager; Kathy Turner, City Secretary; James Cowey, Building
Official; Clifford Blackwell, III, Director of Finance; Tommy Williams, Chief of Police; Scott
Raven, Fire Chief; Chad Grafton, Water Operations Supervisor; Glen Greenwood, Street
Supervisor; and Tom Scollon, Legal Counsel.
L WORK SESSION
Discussion will take place on the following items:
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a. Organizational Culture, planning and governance -led by Greg Innes, Innes
Strategy.
Mr. Greg Innes, with Innes Strategy provided Council an overview of
Organizational Culture, Planning and Governance. Innes reviewed steps the City
would undertake, and the major results that could be expected from such study,
which would provide for an overall proactive, effective City.
b. Any item on the agenda, if needed.
No other discussion, Mayor Lankhorst recessed the work session at 7:19 p.m.
II. REGULAR SESSION
Mayor Lankhorst convened into regular session at 7:36 p.m.
III. INVOCATION AND PLEDGE OF ALLEGIANCE
Bob Hart, City Manager provided the invocation followed by the Pledge of Allegiance.
IV. VISITOR/CITIZENS FORUM
Frank Fernandez of 911, Shady Vale, Kennedale, TX addressed Council regarding the
need for emergency sirens, mosquito spraying, replacement of City Hall flags,
eliminating the use of trash cans, quicker response to dead animal and right-of--way trash
pick-up, and taser guns for the Police Department.
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V.
REPORTS/ANNOUNCEMENTS
a. City Manager
Bob Hart, City Manager addressed Council regarding the upcoming budget for
fiscal year 2007-2008. He provided Council with proposed dates for budget
workshops and public hearings, and asked Council to reply to him with specific
dates.
b. City Council
Councilmember Nowell inquired about the complaint by Vinita Thomas regarding
stagnate water located at 412 W. 3~d Street, Kennedale, TX.
Councilmember Johnson inquired about citizen dialogue during citizen/visitor
forum. Tom Scollon, Legal Council advised caution should be exercised against
open dialogue as one could violate the Open Meetings Act for not properly posting
the discussed item.
Councilmember Miller inquired about drainage issues on Oak Hill Park and Shady
Creek.
VI.
c. Mayor
Mayor Lankhorst spoke about the recent Mayor's Council Meeting and the topic of
West Nile Virus. Lankhorst said everyone should abide by the 4 D's, which means
mosquitoes are most active from dust to dawn, dress in long sleeves, use Deet as a
repellant, and drainage -empty containers or tires holding water. Next, he spoke
about the recent ICSC Conference and said contacts were made and several
meetings had taken place with developers.
PUBLIC HEARING(S)
a. To receive citizen's comments in regards to a possible amendment to Section 17-
421 to add the use of an Amusement Complex to the Schedule of Uses as either
permitted, conditionally permitted or prohibited in each district and a possible
amendment to Section 17-431 to add a definition of an Amusement Complex.
James Cowey, Building Official spoke to Council in regards to the staff report
regarding the amendment of the Schedule of Uses. Cowey implied that the
Planning and Zoning Commission voted five (5) to one (1) to approve the
following: allow amusement complex in Industrial Zoning only, define amusement
complex as "any building or property, or combination thereof, occupied in whole
or part on a year-round basis as an entertainment enterprise, offering entertainment
to the general public", and such use requires one (1) parking space per four (4)
occupant load.
Mayor Lankhorst then opened public hearing for public comments.
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The following persons registered in favor of the proposed amendment to the
Schedule Of Uses, and addressed Council: Shawne Blakney, 1509 Ravenwood,
Arlington, TX 76013, Alissa Barton, 2630 Charming Drive, Grand Prairie, TX
75052, Teresa Blevin-Mize, 2317 Sherwood Drive, Grand Prairie, TX 75050,
Heather Nix, 4406 Edgewood Trail, Brownwood, TX 76801, Terry Gromachi,
2201 Denham Drive, Arlington, TX 76001, Cathy Gorham, 500 British Court,
Arlington, TX 76002, and Pat Doescher, President of Kennedale Chamber of
Commer, 201 N. New Hope Road, Kennedale, TX 76060.
It was noted that Carpe Noctem Productions in a not for profit corporation, and
advocates for special people and local special needs organizations of Tarrant
County Special Olympics of Texas, Big Brothers and Sisters of North Texas, and
local police and fire associations. Proposed uses include community center,
outdoor October Festival (Halloween Carnival), arcade, outdoor hayride and
walking trail, and many other events. Proposed improvements to the building area
would include gravel or concrete parking; electrical ran to buildings, landscaping,
and painting of buildings.
Other persons who signed in favor of the amendment, but did not address Council:
Mark Allen, 5305 Lookout Trail, Arlington, TX 76017, Karl Rolston, 2110
Warnford, Arlington, TX 76015, Celinda Colley, 5305 Lookout Trail, Arlington,
TX 76017, and Brad Barton, 2630 Charming Drive, Grand Prairie, TX 75052.
No other persons registered to speak for or against the proposed amendment to the
schedule of uses. Mayor Lankhorst closed public hearing at 8:13 p.m.
b. To receive citizen's comments concerning the amendment of land use assumptions
and capital improvements plans and the imposition of impact fees for the water and
sewer utilities and for roadways.
James Cowey, Building Official addressed Council in regards to the Staff Report in
packet. Cowey explained that Council approved Resolution No. 228 on April 12,
2007 calling for a public hearing on the amendment of water, wastewater, and
roadway impact fees. He advised that the Planning and Zoning Commission served
as the Impact Fee Advisory Committee and provided a report to support increase,
which would be brought back to Council in the form of an ordinance for approval
at the July meeting.
No other persons registered to speak for or against amendment of fees. Mayor
Lankhorst closed public hearing at 8:17 p.m.
VII. CONSENT AGENDA
Mayor Lankhorst recommended item a be removed from consent agenda.
Councilmember Johnson requested item a be removed from consent agenda.
a. Approval of minutes: regular meeting dated May 10, 2007, and special meeting
dated May 15, 2007.
b. Consider approval of Resolution No. 231, Live Scan Grant.
c. Consider approval of 16" Water Line Change Order.
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Consider acceptance of Quarterly Investment Report.
Consider approval to award bid for No Surface Drilling for city owned property.
Councilmember Clark moved to approve consent agenda items b, c, d and f, second
by Councilmember Miller. Motion carried (5 -0).
VIII. REGULAR ITEMS
a. Approval of minutes: regular meeting dated May l0, 2007, and special meeting
dated May 15, 2007.
Councilmember Johnson moved to approve regular meeting minutes dated May 10,
2007, and special meeting minutes dated May I5, 2007 contingent upon motion in
item (c) be corrected to reflect Councilmember Barrett did not vote, and motion
carried (4-0-1). Motion second by Councilmember Clark. Motion carried (5-0).
Consider approval of Ordinance No. 367, Amending Chapter 17-421 and 17-431 of
the Kennedale City Code by adopting regulations governing amusement
complexes.
Councilmember Clark expressed concern with the definition of amusement
complex, and recommended it be narrowed down.
Mayor Lankhorst recessed the meeting at 8:24 p.m. to allow time for legal counsel
to amend the definition of amusement complex. Mayor Lankhorst reconvened at
8:34 p.m.
Councilmember Clark moved to approve Ordinance No. 367, amending Chapter
17-421 and 17-431 of the Kennedale City Code by adopting regulations governing
amusement complexes contingent upon definition of an amusement complex be
amended to add the following language "An entertainment enterprise as
contemplated herein does not include any enterprise which could meet the
definition of a sexually oriented business as defined in the ordinances of the City of
Kennedale." Motion second by Councilmember Nowell. Motion carried (5-0).
g. Consider approval of Ordinance No. 368, to permit the erection of roof signs on
near vertical portions of roofs.
Councilmember Clark moved to approve Ordinance No. 368, to permit the erection
of roof signs on near vertical portions of roofs, second by Councilmember Nowell.
Motion carried (5-0).
Consider approval of survey services for Sonora Park.
Councilmember Clark moved to approve survey services with MHS Planning &
Design in the amount of Thirteen Thousand Dollars ($ l 3,000.00) for Sonora Park,
second by Councilmember Green. Motion carried (5 -0).
No further discussion, Mayor Lankhorst recessed the meeting to enter into
executive session at 8:40 p.m.
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IX. EXECUTIVE SESSION
a. 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; impact fees; and litigation, settlement
offers, and/or claims regarding the following matters:
1. H&A Land Corporation, d/b/a Showtime Cabaret v. City of Kennedale;
Cause No. 402-CV-0458-Y (Dreamer's)
2. H&A Land Corporation, d/b/a/ Showtime Cabaret v. City of Kennedale;
Cause No. 4:05-CV-210-Y (Showtime)
3. City of Kennedale v. Log Cabin; Cause No. 342-218988-06.
4. Memorandum of Understanding for sewer connection with City of Fort Worth.
5. Wrey Crest Road right-of--way abandonment.
6. Triple X Sign Litigation.
7. Christal's settlement agreement.
b. 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.
X. RECONVENE INTO OPEN SESSION, AND TAKE ACTION NECESSARY
PURSUANT TO EXECUTIVE SESSION.
Mayor Lankhorst reconvened into open session at 9:11 p.m.
Councilmember Clark moved to authorize the KEDC to purchase shopping center
property, second by Councilmember Nowell. Motion carried (5-0).
XI. ADJOURNMENT
Councilmember Nowell moved to adjourn the meeting at 9:13 p.m., second by
Councilmember Johnson. Motion carried (5-0).
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Kathy Turner, City Secretary
APPROVED: 07/12/2007
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Mayor, Bryan Lankhorst