2006_10.12 CC Agenda
405 Municipal Drive, Kennedale, Texas 76060
AGENDA
KENNEDALE CITY COUNCIL
REGULAR MEETING – OCTOBER 12, 2006
405 MUNICIPAL DR. – KENNEDALE MUNICIPAL BLDG.
WORK SESSION – COUNCIL CHAMBERS – 5:30 PM
EXECUTIVE SESSION – PRE-COUNCIL CHAMBERS – 6:30 PM
REGULAR SESSION – COUNCIL CHAMBERS – 7:00 PM
CALL TO ORDER
ROLL CALL
I.WORK SESSION – 5:30 PM
Discussion will take place on the following items:
1. Proposed Ethics Policy
2. Permitting Kennedale Chamber of Commerce to establish an office in City owned building located
at 201 N. New Hope Rd., Kennedale, TX.
3. Briefing by Irra Mackey, Tarrant Resource Council.
4. Drainage issues on Mr. Calhoun’s property.
5. City Mission Statement.
6. Update on status of Ordinance Restricting Sex Offenders.
7. Any item on the agenda, if needed.
II. RECESS TO EXECUTIVE SESSION – 6:30 PM
1. 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. Doyle Lee Shastid, Jr. v. City of Kennedale; Cause No. 096-216918-06.
d. City of Kennedale v. Log Cabin; Cause No. 342-218988-06.
2. The City Council will meet in closed session to deliberate the appointment, employment, evaluation,
reassignment, duties, discipline, or dismissal of a public officer or employee, Section 551.074, Texas
Government Code.
a. City Manager
3. 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.
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KENNEDALE CITY COUNCIL
OCTOBER 12, 2006
III. RECONVENE INTO REGULAR SESSION – 7:00 PM
IV. INVOCATION AND PLEDGE OF ALLEGIANCE
V. TAKE ACTION NECESSARY PURSUANT TO EXECUTIVE SESSION.
1
. Consider approval of settlement agreement with Showtime Cabaret.
VI. PRESENTATION
1. Mayor Lankhorst will recognize Chad Crafton, Water Superintendent and City Water
Department for receiving a Certificate from Texas Commission on Environmental Quality
(TCEQ).
VII. PUBLIC HEARINGS
1. Case #PZ 06-05 – to receive citizens’ comments regarding a request for rezoning of 48 acres
with the legal description being Tract 2 of the J M Lilly Survey, Abstract 980, and Tract 3 of
the J M Lilly Survey, Abstract 985, in the City of Kennedale, Tarrant County, Texas. The
address is 100 Little School Road. The zoning at the present time is “AG” (Agriculture) and
is proposed to rezone to “R-2” (Single Family Residential), as requested by Adlai Pennington
with MKP & Associates, Inc.
2. To receive citizens’ comments regarding a proposed ordinance of the City of Kennedale,
Texas, amending Article VIII of Chapter 11 of the Kennedale City Code (1991) governing the
regulation of sexually oriented businesses.
VIII.CONSENT AGENDA
The following items are considered to be routine and self-explanatory by the Council and will be
enacted with one motion. There will be no separate discussion of these items unless a
Councilmember requests that an item be removed from the Consent Agenda and be considered, in
sequence, as a routine agenda item.
1. Consider approval of minutes: regular meeting dated September 14, 2006.
2. Consider approval of Resolution No. 216 approving expenditures by the Kennedale Economic
Development Corporation for certain enumerated projects, second reading.
3. Consider approval of Ordinance No. 350 providing for the imposition of penalties and interest
for the collection of delinquent taxes by the City of Kennedale.
4. Consider approval of appointment to the Capital Improvements Advisory Committee (CIAC).
5. Consider approval of Ordinance No. 351 amending the City’s Industrial Waste Regulations,
Section 23-123 of Chapter 23, Article III of the Kennedale City Code (1992), providing that
certain wastewater constituents are prohibited.
6. Consider approval of Interlocal Agreement with the Local Government Purchasing
Cooperative and adopt resolution authorizing the city as a member of the Local Government
Purchasing Cooperative.
7. Consider approval of an Agreeement with Dataprose Billing Solutions to provide billing
services for the City of Kennedale’s Utility Billing Office.
8. Consider approval of lease purchase agreement for the purchase of two police cars through
Tarrant County Cooperative Purchasing Program/Ford Motor Credit Company.
9. Consider approval of Changer Order No. 3 for Library/Community Center and authorize
finish out funding.
10. Consider approval to purchase 2007 Ford F-450 Ambulance
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KENNEDALE CITY COUNCIL
OCTOBER 12, 2006
IX. REGULAR ITEMS
11. Consider approval of Ordinance No. 345, Case # PZ 06-05 rezoning of 48 acres with the legal
description being Tract 2 of the J M Lilly Survey, Abstract 980, and Tract 3 of the J M Lilly
Survey, Abstract 985, in the City of Kennedale, Tarrant County, Texas. The address is 100
Little School Road. The zoning at the present time is “AG” (Agriculture) and is proposed to
rezone to “R-2” (Single Family Residential), as requested by Adlai Pennington with MKP &
Associates, Inc.
12. Consider approval of Ordinance No. 343, amending Chapter 17 of the Kennedale City Code
(1991), Ordinance No. 271 governing oil and gas operations; and providing additional
regulations governing fire safety and operation site security.
13. Consider approval of Rolling Acres Park Master Plan and authorize Design and Engeneering
Proposal with MHS Planning.
14. Consider approval of Ordinance No. 352 amending Article VIII of Chapter 11 of the
Kennedale City Code (1991), as amended, regarding sexually oriented businesses, by
amending certain definitions pertaining to sexually oriented businesses; and amending the
required mental state for offenses with a penalty of five hundred dollars or less.
X. VISITOR/CITIZENS FORUM
At this time, any person with business before the Council not scheduled on the agenda may speak
to the Council. No formal action can be taken on these items at this meeting.
XI. STAFF REPORT/ANNOUNCEMENTS
1. City Manager Report
XII. MAYOR/COUNCIL REPORT/ANNOUNCEMENTS
1. Mayor Report/Announcements
2. Council Reports/Announcements
XIII. ADJOURNMENT