08.09.2007 CC Minutes3260
MINUTES
KENNEDALE CITY COUNCIL
REGULAR MEETING -AUGUST 9, 2007
405 MUNICIPAL DR. - KENNEDALE MUNICIPAL BLDG.
Mayor Lankhorst called the meeting to order at 5:32 p.m.
Members present: Mayor, Bryan Lankhorst; Mayor Pro-Tem, John Clark, Councilmembers Brian
Johnson, Jerry Miller, David Green, and Ronnie Nowell.
Members absent: None
Staff present: Bob Hart, City Manager; Kathy Turner, City Secretary; Mark White Director of
Community Development; Clifford Blackwell, III, Director of Finance; Tommy Williams, Chief
of Police; Scott Raven, Fire Chief; Chad Grafton, Water Operation Superintendent; and Wayne K.
Olson, Legal Counsel.
I. WORK SESSION
Discussion will take place on the following items:
a. Tax Rate Calculation.
Clifford Blackwell, III, Director of Finance addressed Council regarding the 2007
tax rate calculation.
b. Solid Waste RFP.
Bob Hart, City Manager advised Council that the current waste disposal contract
with Duncan Disposal would expire in January 2008. Hart provided feedback to
Council regarding comments he had received from the newsletter on service level
interest, and requested service level parameters from Council to be placed in the
request for proposals. Hart said proposal would be brought back before Council in
October for action, which would allow sufficient time for change in companies, if
that, should occur.
c. Freeport Exemption.
Bob Hart, City Manager addressed the history of the Freeport exemption and
changes in law that has taken place. Hart said the law has been extended to exempt
products that are shipped inside the state of Texas, which expands the Freeport
exemption. Hart advised that he would visit with current business owners who
have the exemption and will provide feedback to Council prior to the deadline for
Council to either opt in or opt out of the exemption (December 2007).
d. Park and Drainage Projects.
Council was briefed on three projects, which included the TownCenter Plaza,
Rolling Acres Park, and drainage issue near Woodland Court. It was said that three
projects would be turned over to a Project Manager who would prepare bid packets
and oversee the projects through completion.
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e. Any item on the agenda, if needed.
Councilmember Green inquired about notification to property owners regarding
upcoming road projects. Bob Hart, City Manager advised that he would meet with
property owners early in the process once finalization of the plans were in place.
No further discussion, Mayor Lankhorst closed the work session at 6:43 p.m.
II. REGULAR SESSION
Mayor Lankhorst convened into regular session at 7:05 p.m.
III. INVOCATION AND PLEDGE OF ALLEGIANCE
Bob Hart, City Manager provided the invocation, followed by Delaney Primary Student,
Justin Buchanan leading the Pledge of Allegiance.
IV. PRESENTATION(S)
a. Mayor Lankhorst will recognize winners from the Kennedale Library Summer
Reading Program.
Mayor Lankhorst recognized Connor Buchanan for reading 138 books during the
month of June 2007, and Courtney Killian for reading 6174 minutes during the
month of June 2007.
b. Vic Suhm, Executive Director of Tarrant Regional Transportation Coalition will
make a presentation regarding our region's mobility crisis.
Vic Suhm, Executive Director of Tarrant Regional Transportation Coalition provided
a presentation before Council regarding the need to find effective solutions to the
growing transportation crisis. Suhm addressed overall priorities of TRTC, priority
projects, and offered ways that the City and the public could support TRTC.
c. Mayor Lankhorst will make a presentation regarding the GFOA's Distinguished
Budget Presentation Award.
Mayor Lankhorst presented the GFOA Distinguished Budget Award to Clifford
Blackwell, III, Director of Finance for achieving the highest principles of
governmental budgeting.
V. VISITOR/CITIZENS FORUM
Frank Fernandez, 911 Shady Vale Dr., Kennedale, TX addressed Council regarding the
proposed connection of Little School Road to Kennedale Parkway, wet/dry election, and
property tax rate ratio assessed on commercial/residential properties.
VI. REPORTS/ANNOUNCEMENTS
a. City Manager - No report/announcements.
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b. City Council
Councilmember Nowell expressed his thanks to the following:
1. City employees James Cowey, Building Official; Clifford Blackwell, III,
Director of Finance; and Mark White, Community Development Director for
their recent award and involvement with the building of the new Library
facility; and
2. James Cowey, Building Official and Gary Mitchell and his staff for the recent
renovations to the old library facility, which will now house the Kennedale
Chamber of Commerce Office.
Councilmember Nowell then inquired about TxDOT decision regarding drive
approaches along Kennedale Parkway. Bob Hart, City Manager advised that a
meeting was scheduled, and that the City would need to update policies to coincide
with TxDOT to prevent inefficiencies.
Councilmember Miller commended the Fire Department for their efforts in re-
painting the old the building located behind the fire department.
Councilmember Johnson requested Fire Chief, Scott Raven address the ceremonial
awards issued at the Kennedale Fire Department Banquet. Chief Raven advised
that the following awards were issued: Firefighter of the year -Del Ray Pope;
Paramedic of the year -Tony Occhipinti; Officer of the year -Mike Plumlee;
Recruit of the year -Brian Wallen; Service commendations -Ambulance
specifications - Brian Aguilar and Lt. Andy Cleveland; Wasted Program
Coordination -Assistant Chief, Jay Hinkle; Stork -Del Ray Pope; and Stork -
Brent Land.
c. Mayor
Mayor Lankhorst announced the open house for the Kennedale Chamber of
Commerce scheduled for Wednesday, August 15, 2007.
VII. PUBLIC HEARING(S)
a. To receive citizens comments regarding a proposed ordinance amending Chapter
17 of the Kennedale City Code, as amended, by amending regulations governing
oil and gas well operations, and providing for regulations governing gathering
stations.
No persons registered to speak for or against proposed ordinance. Public Hearing
closed at 7:48 p.m.
VIII. CONSENT AGENDA
Councilmember Clark recommended item b be removed from consent agenda.
a. Approval of minutes: regular meeting dated July 12, 2007.
b. Consider approval of Ordinance No. 373, amending the gas & oil ordinance for
gathering stations.
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IX.
c. Consider approval of Ordinance No. 374, amending the fee ordinance for the
annual inspection fee for gathering stations.
d. Consider approval of appointment to Police Reserve Force.
e. Consider approval of refinancing lease agreement with Cal First Bank for original
lease made by Koch Financial.
Councilmember Clark moved to approve consent agenda items a, and c through e, second
by Councilmember Green. Motion carried (5-0).
REGULAR ITEMS
b. Consider approval of Ordinance No. 373, amending the gas & oil ordinance for
gathering stations.
Councilmember Clark moved to approve Ordinance No. 373, amending the gas &
oil ordinance for gathering stations, second by Councilmember Miller. Motion
carried (5-0).
f. Discuss and Consider lien and penalties on property identified as Lot 7A, Block 1,
Woodlea Acres (536 W. Kennedale Parkway), requested by Franklin D.
Schmalried.
Councilmember Clark moved to accept payment of lien as reflected in packet in the
amount of Ten Thousand, Two Hundred Forty One Dollars ($10,241.00), second
by Councilmember Nowell. Motion carried (5-0).
g. Discuss and Consider a resolution authorizing Notice of Intention to Issue
Certificates of Obligation.
Councilmember Clark moved to approve resolution authorizing Notice of Intention
to Issue Certificates of Obligation for roadway improvements in an amount of Two
Million Seven Hundred Thirty Five Dollars ($2,735.00) for calendar year 2007.
Motion second by Councilmember Green with all members voting in favor.
Motion carried (5-0).
h. Consider approval of Contract No. 07-10, Agreement between Kennedale LS.D.
and the City of Kennedale for School Resource Officers.
Councilmember Clark moved to approve Contract No. 07-10, Agreement between
Kennedale LS.D. and the City of Kennedale for School Resource Officers, second
by Councilmember Green. Motion carried (5-0).
Discuss and Consider proposed tax rate; if proposed tax rate will exceed the
rollback rate or the effective tax rate (whichever is lower); take record vote and
schedule required public hearings.
Councilmember Clark moved to set the proposed tax rate at a rate not to exceed
$.075000 per $100 of taxable value, second by Councilmember Green.
Councilmember Clark moved to amend his motion to set the proposed tax rate at a
rate not to exceed $0.750000 per $100 of taxable value, and to schedule public
hearings on the proposed tax rate for August 23, 2007 and August 30, 2007 to
begin at 7:00 p.m. Amended motion second by Councilmember Green. Motion
carried (5-0).
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No further discussion, Mayor Lankhorst recessed the meeting to enter into
executive session at 8:40 p.m.
X. 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. City of Kennedale v. Log Cabin; Cause No. 342-218988-06.
3. Triple X Sign Litigation.
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.
l . Sonora Park Land Acquisition.
2. Sale of Old City Hall.
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XI. RECONVENE INTO OPEN SESSION, AND TAKE ACTION NECESSARY
PURSUANT TO EXECUTIVE SESSION, INCLUDING THE ADOPTION OF AN
ORDINANCE TO AUTHORIZE THE SALE OF OLD CITY HALL. LEGAL
DESCRIPTION BEING LOTS 5 AND 6, BLOCK 44, ORIGINAL TOWN OF
KENNEDALE, TARRANT COUNTY, TEXAS.
Mayor Lankorst reconvened into open session at 9:16 p.m., with no action taken on
executive session items.
XII. ADJOURNMENT
Councilmember Clark
Councilmember Nowell
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moved to adjourn the meeting at 9:18 p.m., second by
Motion carried (5-0).
APPROVED:
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Mayor, Bryan Lankhorst
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Kathy Tur er, City Secretary