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09.13.2007 CC Minutes3273 MINUTES KENNEDALE CITY COUNCIL REGULAR MEETING -SEPTEMBER 13, 2007 405 MUNICIPAL DR. - KENNEDALE MUNICIPAL BLDG. COUNCIL CHAMBERS Mayor Lankhorst called the meeting to order at 5:34 p.m. Members present: Mayor, Bryan Lankhorst; Mayor Pro-Tem, John Clark; Councilmember's Brian Johnson, Jerry Miller, and Ronnie Nowell. Members absent: Councilmember David Green. Staff present: Bob Hart, City Manager; Kathy Turner, City Secretary; Clifford Blackwell, III, Director of Finance; Larry Hoover, Code Compliance Officer; Tommy Williams, Chief of Police; Scott Raven, Fire Chief; Jay Hinkle, Captain -Fire Department; Glenn Greenwood, Street Superintendent; and Wayne K. Olson, Legal Counsel. I. WORK SESSION Discussion will take place on the following items: Process Redesign Activity Report • Freeport Exemption Bob Hart, City Manager reported that after visiting with local business owners and tax personnel, the super freeport exemption would not have an impact on current city businesses, as this exemption was aimed at major warehouses where goods are held by a third party. • Action Team Report Bob Hart, City Manager addressed the Action Team Report, which encompassed the process audit report. Hart advised that based upon the work of Greg Innes, city staff met and created a list of 22 projects, which were sent to the Action Team to oversee. He then summarized the 22 projects and actions taken and/or actions scheduled to be taken. A question and answer period followed, in which Hart said he and the department heads would be involved in carrying out the projects. He also implied the Action Team would be responsible to see that projects are being continued by holding monthly meetings to monitor projects, in which he is involved in as well. Hart indicated Council should start seeing results within six months in regards to how information is processed between departments as well as, streamlined interaction with the public. Next, Mr. Hart explained the intent of the Governance Guidance Team. He said the team was created to look at the elements being done at the Council and Advisory Board levels, to see how those boards are working well together, how they interact with the community, and how they interact with the staff. He said the next step for the team would be external, which would 3274 II. III. IV. V. include interacting with citizens, and working on a community strategic plan to help identify goals, vision and/or direction for the City. b. Any item on the agenda, if needed. Mayor Pro Tem Clark addressed his concerns with the current budget and the need for the Council to really take a hard nose stance at the possibility of a tax increase. Council felt that Mr. Hart should be afforded the opportunity to analyze staff and see where reorganization could come into play to reduce expenditures prior to implementing a tax increase. No further discussion, Mayor Lankhorst closed the work session at 6:50 p.m. REGULAR SESSION Mayor Lankhorst convened into regular session at 7:03 p.m. INVOCATION AND PLEDGE OF ALLEGIANCE Pastor, Marvin Raines with Liberty Baptist Church provided the invocation followed by the Pledge of Allegiance. PRESENTATION(S) a. Mayor Lankhorst will present a Proclamation to the Belhaven University Lady Blazer Volleyball Team and Lydia Smith, Head Coach. Mayor Lankhorst presented a Proclamation to the Belhaven University Lady Blazers Volleyball Team, as well as, a Key to the City to Head Coach, Lydia Smith, and declared September 13 - 15, 2007 as Lady Blazer Days. VISITOR/CITIZENS FORUM Robert Medigovich, Municipal Coordinator for Community Waste Disposal provided handouts to Council that highlighted services provided by Community Waste Disposal, and requested the opportunity to bid on the city's upcoming waste contract. VI. REPORTS/ANNOUNCEMENTS a. City Manager Bob Hart, City Manager thanked Mayor, Bryan Lankhorst for the Proclamation presented to the Belhaven Lady Blazers Volleyball Team, and announced their schedule of play at Texas Wesleyan. b. City Council Councilmember Miller provided an update on Whispering Oaks Subdivision advising that developers and homeowners had come to a conclusion over drainage issues. He said the plat should come back before Council soon for approval. 1 J 3275 Next, Councilmember Miller requested Council look at appointing alternates to the Library Advisory Board at the next meeting, as there had been problems obtaining a quorum at recent meetings. c. Mayor Mayor Lankhorst addressed a letter from State Representative Bill Zedler congratulating Clifford Blackwell, III, Director of Finance for his recent accomplishment for obtaining the GFOA Budget Award. VII. PUBLIC HEARING a. To receive citizens comments on the proposed budget for fiscal year 2007-2008. Bob Hart, City Manager provided an overview on the proposed budget for fiscal year 2007-2008. No one signed in to speak for or against the proposed budget. Mayor Lankhorst closed the public hearing at 7:26 p.m. VIII. CONSENT AGENDA Councilmember Nowell requested consent agenda item i. be removed from consent agenda. a. Approval of minutes: Regular Meeting dated August 9, 2007; Budget Workshop dated August 11, 2007; Special Meeting dated August 23, 2007; Work session and Public hearing dated August 30, 2007. b. Consider approval of Resolution No. 236, denying the request of Atmos Energy Corp., Mid-Tex Division, for an annual gas reliability infrastructure program (GRIP) rate increase. c. Consider approval of Oncor Service Agreement. d. Consider approval of Resolution No. 237, approving City of Kennedale Investment Policy. e. Consider approval to authorize the City Manager to execute engagement letter with Pattillo, Brown & Hill, L.L.P. for the year ended 9/30/2007 financial audit. f. Consider approval to appoint Pattillo, Brown & Hill, L.L.P. as the City's Independent Auditor and authorize the City Manager to execute a contract with the firm. g. Consider approval to authorize the City Manager to execute agreement with Senior Citizen Services of Greater Tarrant County [nc. h. Consider approval of Resolution No. 238, approving certain enumerated projects by the KEDC and authorizing expenditures for those projects. Mayor Pro Tem Clark moved to approve consent agenda items a through h, second by Councilmember Miller. Motion carried (4-0). 3276 IX. REGULAR ITEMS Consider approval of Change Order No. 1 for pump station at Gail Street. Mayor Pro Tem Clark moved to table this item until October 11, 2007 regular meeting to allow City Staff to contact contractor regarding re-stocking fee, second by Councilmember Miller. Motion carried (4-0). j. Discuss and Consider approval of Interlocal Agreements with Tarrant County for street projects. Mayor Pro Tem Clark moved to approve Interlocal Agreements with Tarrant County for the construction of Little Road, Sublett Road, and Bowman Springs Road pursuant to the Interlocal Agreements provided save and accept the change in the project description on each of the individual projects where it reflects it will change two lane country road to a three lane city road. Motion second by Councilmember Miller. Motion carried (4-0). k. Discuss and Consider Ordinance No. 375, authorizing the issuance, sale, and delivery of "CITY OF KENNEDALE, TEXAS COMBINATION TAX AND REVENUE CERTIFICATES OF OBLIGATION, SERIES 2007A'; securing the payment thereof by authorizing the levy of an annual ad valorem tax and a pledge of surplus revenues of the City's waterworks and sanitary sewer instruments and procedures related thereto including an investment letter and a paying agent/registrar agreement, and providing for an immediate effective date. Councilmember Nowell moved to approve Ordinance No. 375, authorizing the issuance, sale, and delivery of City of Kennedale, Texas Combination Tax and Revenue Certificates of Obligation, Series 2007A, second by Councilmember Miller. Motion carried (4-0). Discuss and Consider Ordinance No. 376, adopting budget for fiscal year 2007- 2008. Mayor Pro Tem Clark moved to approve Ordinance No. 376, adopting budget for fiscal year 2007-2008, second by Councilmember Johnson. Motion carried (4-0). m. Discuss and Consider ratification on property tax increase reflected in the FY 2007-2008 Budget. Mayor Pro Tem Clark moved to ratify property tax revenue increase reflected in FY 2007-2008 Budget, second by Councilmember Miller. Motion carried (4-0). n. Discuss and Consider Ordinance No. 377, adopting 2007 tax rate of $0.722500 per $100 of taxable value. Councilmember Miller moved to approve Ordinance No. 377, adopting 2007 tax rate of $0.722500 per $100 of taxable value, second by Councilmember Nowell. Discussions took place regarding a tax increase to cover current expenditures, current staffing levels, and city departments operating in an efficient manner. 1 0 3277 i i Councilmember's Miller, Nowell and Johnson voted aye, with Mayor Pro Tem Clark voting nay. Motion carried (3-1). Discuss and Consider appointment of an Alternate member to the Park Board. Councilmember Johnson moved to appoint Elizabeth Carrington to Place 6 to serve as an alternate with a term to expire in June 2008, second by Councilmember Miller. Motion carried with Councilmember's Johnson, Miller and Mayor Pro Tem Clark voting in favor (3-0). Note that Councilmember Nowell did not vote as he left meeting due to illness at 8:10 p.m. Mayor Lankhorst recessed into executive session at 8:15 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, andlor 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. 1. ROW acquisition for Bowman Springs Rd. 2. Sale of Old City Hall. 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 Lankhorst reconvened into open session at 9:11 p.m. Mayor Pro Tem Clark moved to authorize the City Manager to inter into negotiations to purchase real property off Dick Price Road, second by Councilmember Miller. Motion carried (3-0). 3278 XII. ADJOURNMENT Councilmember Johnson moved to adjourn the meeting at 9:12 p.m., second by Mayor Pro Tem Clark. Motion carried (3-0). `,•• F.KENN~ '~. APPROVED: ,~-lo•• ••. O ~, • .,~, ~ ~ •~ F *. per' ~ ~ ayor, Bryan Lankhorst • ,~- ~~i~G~2~2-dU~.~CI~- Kathy Turner, City Secretary 1 ~~