07.12.2007 CC Minutes3255
MINUTES
KENNEDALE CITY COUNCIL
REGULAR MEETING -JULY 12, 2007
405 MUNICIPAL DR. - KENNEDALE MUNICIPAL BLDG.
COUNCIL CHAMBERS
Mayor, Bryan Lankhorst called the meeting to order at 5:32 p.m.
Members present: Mayor, Bryan Lankhorst, Mayor Pro-Tem, John Clark; Councilmember's,
Brian Johnson, Jerry Miller, Ronnie Nowell.
Members absent: Councilmember Green.
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; Glen Greenwood, Street Supervisor; and Wayne K. Olson,
Legal Counsel.
I. WORK SESSION
Discussion will take place on the following items:
a. Capital Projects -Streets with Tarrant County, and Fire Station.
Bob Hart, City Manager addressed three road projects for Kennedale that were
approved by the Tarrant County Transportation Bond Program (Little School Road,
Sublett Road, and Bowman Springs Road). Mr. Hart provided alternate curb
alignments, street widths and median alternatives to Council for feedback. It was
the consensus of the Council to proceed with all three-road projects as 3-lane roads
with a continuous center turn lane.
b. Any item on the agenda, if needed.
No further discussion, Mayor Lankhorst recessed the work session at 6:52 p.m.
II. REGULAR SESSION
Mayor Lankhorst called the regular session to order at 7:03 p.m.
III. INVOCATION AND PLEDGE OF ALLEGIANCE
Pastor Bob Boyd with First United Methodist Church of Kennedale gave the invocation
followed by the Pledge of Allegiance.
IV. VISITOR/CITIZENS FORUM
Vinita Thomas of 412 W. 3`d Street, Kennedale, TX addressed Council regarding stagnate
water and mosquito problems. Ms. Thomas thanked City Staff and Council for the quick
response to the issue, but stated there is a continuous problem with mosquitoes and
inquired if mosquito spraying could take place. In closing, Thomas inquired if the City
could find a permanent solution to eliminate the collection of water.
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V. REPORTS/ANNOUNCEMENTS
a. City Manager - No reports/announcements.
City Council -Councilmember Nowell inquired about standing water at the bridge
of Kennedale Sublett and Shady Creek. It was noted that City Staff would look
into the situation and report back to Council.
c. Mayor - No reports/announcements.
VI. CONSENT AGENDA
a. Approval of minutes: regular meeting dated June 14, 2007.
b. Consider approval of Resolution No. 233, Authorizing participation in a coalition
of municipalities, public entities and commercial customers known as the
Allegiance of TXU/Oncor Customers ("ATOC").
c. Consider approval of Resolution No. 234, suspending the July 30, 2007 effective
date of the proposal by Atmos Energy Corp., Mid-Tex Division to implement
interim GRIP rate adjustments for Gas Utility Investment in 2006.
d. Consider acceptance of Quarterly Investment Report.
e. Consider approval of Contract with Tarrant County Tax Office for the
AssessmentlCollection of Ad Valorem Tax Collections for the 2007 Tax Year.
f. Consider approval of Developer's Agreement for Beacon Hill, Phase II.
g. Consider approval of Ordinance No. 369, Abandoning right-of--way in Beacon Hill
Development (.127 acres on Swiney Hiett Road).
h. Consider approval of Beacon Hill Final Plat.
Councilmember Nowell moved to approve consent agenda items a through h,
second by Councilmember Miller. Motion carried (4-0).
VII. REGULAR ITEMS
Consider approval of Ordinance No. 370, Revising Water and Wastewater Impact
Fees.
Councilmember Clark moved to approve Ordinance No. 370, Revising Water and
Wastewater Impact Fees, second by Councilmember Johnson.
Councilmember Miller inquired about the proposed fee being assessed versus the
maximum fee allowed, and questioned the changing of the fee within the next five
years. Legal Counsel advised that the maximum fee is the assessed fee, but the
City would collect the proposed fee at time of permit.
Motion carried (4-0).
Consider approval of Ordinance No. 371, Revising Roadway Impact Fees.
Councilmember Clark moved to approve Ordinance No. 371, revising roadway
impact fees, second by Councilmember Johnson. Motion carried (4-0).
k. Consider approval of Ordinance No. 372, establishing a Police Reserve Force.
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Councilmember Johnson moved to approve Ordinance No. 372, establishing
police reserve force, second by Councilmember Miller. Motion carried (4-0).
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Legal Counsel advised that Council must confirm reserve officers appointments
prior to duty.
1. Presentation of Flood Study.
Kyle Dike and Greg Saunders, Engineers with Teague Nall and Perkins gave a
brief overview of the VC-3 drainage study, which reflected the overall water shed.
Dike explained the study was very typical and consisted of quantifying the amount
of water run off under existing conditions, fully developed conditions, and fully
developed conditions with improvements in place. Improvements included the
upsizing of the culvert at Bowman Springs, culvert improvements at Kennedale
Sublett Road and Little School Road, and two regional detention ponds. Questions
and answers followed regarding finance options available to fund such
improvements.
m. Consider approval of appointments/re-appointments to Planning and Zoning
Commission.
Councilmember Clark moved to re-appoint regular members David Hunn, Billy
Simpson and Ray Cowan to serve atwo-year term to expire in May 2009. Motion
second by councilmember Johnson. Motion carried (4-0).
Councilmember Clark moved to appoint Charles Overstreet as a regular member to
fill the unexpired term of Erin Barnett, which expires in May 2008, second by
councilmember Nowell. Motion carried (4-0).
Councilmember Johnson moved to appoint Kelly Turner as an alternate to serve a
two-year term to expire in May 2009, second by Councilmember Clark.
Councilmember Johnson revised his motion to appoint Kelly Turner as an alternate
to serve aone-year term that will expire in May 2008. Councilmember Clark
second revised motion. Motion carried (4-0).
Councilmember Johnson moved to appoint Frank Fernandez as an alternate to
serve atwo-year term to expire in May 2009, second by Councilmember Miller.
Motion carried (4-0).
Consider approval of appointment of Chairman and Vice Chairman to the Planning
and Zoning Commission.
Councilmember Miller moved to appoint David Hunn as Chairman, and appoint
Ernest Harvey as Vice-Chairman to the Planning and Zoning Commission, second
by Councilmember Johnson. Motion carried (4-0).
o. Consider approval ofappointments/re-appointments to Board of Adjustment.
Councilmember Johnson moved to re-appoint regular members Brian Cassady and
Patrick Vadar to serve atwo-year term to expire in May 2009, second by
Councilmember Clark. Motion carried (4-0).
Councilmember Johnson moved to appoint Donnie Graham as an alternate to serve
a two-year term expiring in May 2009, second by Councilmember Clark. Motion
carried (4-0).
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Councilmember Johnson moved to re-appoint alternate Cheryl Abbott to serve a
two year term expiring in May 2009, second by Councilmember Clark. Motion
carried (4-0).
Consider approval ofappointments/re-appointments to Building Board of Appeals.
Councilmember Clark moved to appoint Rick Trevino to serve atwo-year term in
Place 1; term to expire in May 2009, second by Councilmember Johnson. Motion
carried (4-0).
Councilmember Clark moved to appoint Brian Cassady to Place 3 to serve atwo-
year term expiring in May 2009, second by Councilmember Miller. Motion carried
(4-0).
Councilmember Clark moved to re-appoint Randall Swiney to Place 5 to serve a
two-year term expiring in May 2009, second by Councilmember Johnson. Motion
carried (4-0).
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Consider approval appointments/re-appointments to Library Advisory Board.
Councilmember Clark moved to re-appoint KaraLynn Greenfield to Place 1 to
serve atwo-year term to expire in June 2009, second by Councilmember Johnson.
Motion carried (4-0).
Councilmember Johnson moved to re-appoint Elaine Brower to Place 3 to sere a
two-year term to expire in June 2009, second by Councilmember Clark. Motion ,
carried (4-0).
Councilmember Miller moved to re-appoint Sam Zocalli to Place 5 to serve atwo-
year term to expire in June 2009, second by Councilmember Clark. Motion carried
(4-0).
Consider approval ofappointments/re-appointments to the Park Board by
individual councilmember.
Councilmember Clark moved to re-appoint David Deaver to Place 1 to serve atwo-
year term to expire in May 2009. Motion second by Councilmember Johnson.
Motion carried (4-0).
Councilmember Johnson moved to appoint alternate Michael Chandler to Place 3
to serve atwo-year term to expire in May 2009. Motion second by Councilmember
Clark. Motion carried (4-0).
Councilmember Miller moved to re-appoint Mike Bevill to Place 5 to serve atwo-
year term to expire in May 2009. Motion second by councilmember Johnson.
Motion carried (4-0).
Councilmember Nowell moved to appoint alternate Donna Gerron to Place 4 to
serve aone-year term expiring in May 2008, and re-appoint Yolanda Jones to serve
as an alternate in Place 8. Motion second by Councilmember Johnson. Motion
carried (4-0).
No further discussion, Mayor Lankhorst recessed the meeting to enter into
executive session at 8:00 p.m.
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VIII. EXECUTIVE SESSION
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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).
VIII. EXECUTIVE SESSION CONTINUED.
2. City of Kennedale v. Log Cabin; Cause No. 342-218988-06.
3. Triple X Sign Litigation.
4. Christal's Settlement Agreement.
5. Zoning Regulations.
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.
1. Sonora Park Land Acquisition.
2. Sale of Old City Hall.
IX. 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 Lankhorst reconvened into open session at 9:36 p.m.
Councilmember Clark moved to authorize the City Attorney to file suit, if necessary to
allow access to property for survey purposes, second by Councilmember Nowell. Motion
carried (4-0).
X. ADJOURNMENT
`~~,, ~~""~~~~~ ' t~ncilmember Nowell moved to adjourn the meeting at 9:38 p.m., second by
F K~i~t)c~hnember Johnson. Motion carried (4-0).
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Kathy Turner, City Secretary
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Ma or, Bryan Lankhorst