03.08.2007 CC Minutes
3229
MINUTES
KENNEDALE CITY COUNCIL
REGULAR MEETING – MARCH 8, 2007
405 MUNICIPAL DR. – KENNEDALE MUNICIPAL BLDG.
COUNCIL CHAMBERS
Mayor Lankhorst called the meeting to order at 5:30 p.m.
Members present: Mayor, Bryan Lankhorst; Mayor Pro-Tem, George Barrett; Councilmember’s
Clark, Johnson, and Nowell.
Members absent: Councilmember Green.
Staff present: Mark White, Interim City Manager; Kathy Turner, City Secretary, Clifford
Blackwell, III, Director of Finance; Tommy Williams, Chief of Police; Scott Raven, Fire Chief;
Chad Crafton, Water Operations Supervisor; and Wayne K. Olson, Legal Counsel.
I.WORK SESSION
Discussion will take place on the following items:
1. Independent Auditor’s Report for year ended September 30, 2006.
Greg Shropshire with Patillo, Brown & Hill reviewed the Independent Auditor’s
Report and Comprehensive Annual Financial Report.
2. Proposed Ethics Policy.
Councilmember Clark provided Council a draft Ethics Policy for review, which
consisted of Ethics Guidelines and Procedures for elected and appointed City
Officials, as well as persons employed by the City. City staff will review policy
and provide comments to Council at April’s meeting for discussion.
3. Any item on the agenda, if needed.
Mark White, Interim City Manager brief Council on regular agenda item 11, and
stated that the Park Board approved the contract for Sonora Park.
Next, item 12 was briefly discussed with a recommendation to start placing funds
into the Capital Replacement Fund.
No further discussion, Mayor Lankhorst closed the workshop to recess into
executive session at 6:18 p.m.
3230
II. RECESS TO EXECUTIVE SESSION
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.
e.City of Fort Worth’s application for expansion of Southeast Landfill.
f. Memorandum of Understanding for sewer connection with City of Fort
Worth.
g. Wrey Crest Road right-of-way abandonment.
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.
III. RECONVENE INTO REGULAR SESSION
Mayor Lankhorst reconvened into regular session at 7:00 p.m.
IV. INVOCATION AND PLEDGE OF ALLEGIANCE
Councilmember Barrett gave the invocation followed by Major Charles Overstreet
leading the Pledge of Allegiance.
V. TAKE ACTION NECESSARY PURSUANT TO EXECUTIVE SESSION.
Councilmember Clark moved to approve contract to hire City Manager, Bob Hart, and to
establish Mark White’s annual salary at Ninety Thousand Dollars ($90,000.00) effective
April 9, 2007, second by Councilmember Barrett. Motion carried (4-0).
VI. PRESENTATION
Mayor Lankhorst presented a Certificate of Achievement for Excellence in Financial
Reporting for its Comprehensive Annual Financial Report for the Fiscal Year Ended
September 30, 2005 to the Director of Finance, Clifford Blackwell, III.
3231
VII. CONSENT AGENDA
Councilmember Nowell requested item five be removed from consent agenda.
1. Approval of minutes: regular meeting dated February 8, 2007.
2. Consider approval of Resolution No. 224, Calling for a General Election to be held
on May 12, 2007, approving a Joint Election with Tarrant County, and establishing
procedures for that election.
3. Consider approval of Independent Auditor’s Report for year ended September 30,
2006.
4. Consider approval of an Agreement with Credit Systems International, Inc. for
collection services.
Councilmember Barrett moved to approve consent agenda items one through four,
second by Councilmember Nowell. Motion carried (4-0).
VIII. REGULAR ITEMS
5. Consider approval of Park Regulations to allow bicycles to ride on sidewalks at
Sonora Park.
Councilmember Clark moved to amend park regulations to allow bicycles to ride
on sidewalks at Sonora Park, second by Councilmember Barrett. Motion carried
(4-0).
6. Consider approval to award bid for purchase of city owned property located at 209
N. New Hope Road (Old City Hall), Kennedale, Texas.
Councilmember Nowell moved to table bid purchase to allow for discussion at the
April 12, 2007 Council meeting, second by Councilmember Clark. Motion carried
(4-0).
7. Consider approval to award bid for 16” inch water line and metering station for
water connection to City of Fort Worth.
Councilmember Barrett moved to award bid for 16” inch water line and metering
station for water connection to City of Fort Worth to Gin-Spen in the amount of
One Million One Hundred Twelve Thousand One Hundred Thirty Dollars and
Twenty Five Cents ($1,112,130.25), second by Councilmember Clark. Motion
carried (4-0).
8. Consideration and action to request bids to lease City owned minerals for oil and
gas development.
Councilmember Clark moved to let bids to lease City owned minerals for oil and
gas development, second by Councilmember Nowell. Motion carried (4-0).
3232
9. Consider approval of Resolution No. 225, authorizing the Mayor to execute a
release of a drainage easement on and over Lot 6, Block 1, Shady Creek Addition,
Phase I.
Councilmember Clark moved to approve Resolution No. 225, authorizing the
Mayor to execute a release of a drainage easement on and over Lot 6, Block 1,
Shady Creek Addition, Phase I, second by Councilmember Barrett. Motion carried
(4-0).
10. Consider acceptance of new drainage easement on Lot 6, Block 1, Shady Creek
Addition, Phase I, and new drainage easement on Lot 22A, Block 1 of the
Woodlands Addition.
Councilmember Clark moved to accept new drainage easement on Lot 6, Block 1,
Shady Creek Addition, Phase I, and new drainage easement on Lot 22A, Block 1 of
the Woodlands Addition, second by Councilmember Nowell. Motion carried (4-0).
11. Consider approval of Professional Services Proposal from MHS for
Design/Engineering Services for Sonora Park.
Councilmember Clark moved to accept Professional Services Proposal from MHS
for Design/Engineering services for Sonora Park in the amount of Seventy Six
Thousand Four Hundred Eight Five Dollars ($76,485.00), second by
Councilmember Barrett. Motion carried (4-0).
12. Consider Rolling Acres Park funding options.
Councilmember Johnson moved to proceed with bid for Phase I of the Rolling
Acres Park, second by Councilmember Barrett. Motion carried (4-0).
13. Consider acceptance of utility easement and right-of-way and utility easement for
proposed amended plat for Lot 1R, Block 2, Oliver Acres Subdivision. Property is
located at Collett Sublett and Glaze Lane.
Councilmember Clark moved to accept utility easement and right-of-way and
utility easement for proposed amended plat for Lot 1R, Block 2, Oliver Acres
Subdivision, second by Councilmember Barrett. Motion carried (4-0).
IX. VISITOR/CITIZENS FORUM
No persons registered to speak during the visitor/citizen forum.
X. STAFF REPORT/ANNOUNCEMENTS
1. City Manager Report
Mark White, Interim City Manager had Chief of Police, Tommy Williams address
Council on the status of the proposed Sex Offender Ordinance. Chief Williams
advised that the Attorney General’s Office had ruled that cities could regulate
where sex offenders can reside and would have a proposed ordinance ready for the
April meeting.
3233
XI. MAYOR/COUNCIL REPORT/ANNOUNCEMENTS
1. Mayor Report/Announcements
Mayor Lankhorst announced that he was authorized on February 21, 2006 by
Council to sign a contract with new City Manager, Bob Hart. He then recognized
Mark White who has been serving as Interim City Manager since May 2006 and
congratulated White for an outstanding job.
2. Council Reports/Announcements
Councilmember Clark commended the Fire, Police and City personnel on a recent
fire in the Shady Creek Addition.
No further comments, Mayor Lankhorst recessed regular session to re-enter into
executive session at 7:50 p.m. Mayor Lankhorst reconvened into open session at
8:43 p.m.
XII. ADJOURNMENT
Councilmember Nowell moved to adjourn the meeting at 8:44 p.m., second by
Councilmember Johnson. Motion carried (4-0).
APPROVED: 04/12/2006
Bryan Lankhorst, Mayor
ATTEST:
Kathy Turner, City Secretary