02.14.2008 CC Minutes
3306
MINUTES
KENNEDALE CITY COUNCIL
REGULAR MEETING – FEBRUARY 14, 2008
405 MUNICIPAL DR. – KENNEDALE MUNICIPAL BLDG.
COUNCIL CHAMBERS
Mayor, Bryan Lankhorst called the meeting to order at 5:45 p.m., and announced that a quorum
was present.
Members present: Mayor, Bryan Lankhorst, Councilmember’s Brian Johnson, Jerry Miller, and
David Green.
Members absent: Mayor Pro-Tem, John Clark and Councilmember, Ronnie Nowell.
Staff present: Bob Hart, City Manager; Kathy Turner, City Secretary; Wayne K. Olson, City
Attorney; Clifford Blackwell, III, Director of Finance; Larry Hoover, Code Enforcement Officer;
James Cowey, Building Official; Tommy Williams, Chief of Police; Jay Hinkle, Assistant Fire
Chief; and Mike Soab, Director of KEDC.
I.WORK SESSION
Discussion will take place on the following items:
a. Ron Colson will discuss preliminary findings of racetrack operations, practices and
the city’s noise ordinance.
Ron Colson, Business Owner of Track Planning & Associates spoke to Council
regarding recent meetings held with local racetrack owners and residents. Colson
addressed safety issues, special use permits, and sound reduction capabilities.
b.Any item on the agenda, if needed.
Bob Hart, City Manager addressed Consent Agenda Item VII-d, and presented
Council with a revised resolution to adopt, which omitted the second Whereas
clause. Hart advised legal counsel recommended removing the second clause, as
all items listed as surplus belonged to the City.
Mayor, Bryan Lankhorst recessed the work session at 6:52 p.m.
II. REGULAR SESSION
Mayor Lankhorst called regular session to order at 7:10 p.m.
III. INVOCATION AND PLEDGE OF ALLEGIANCE
Tommy Williams, Chief of Police provided the invocation followed by City Staff leading
the Pledge of Allegiance.
3307
IV. PRESENTATION
a. Mayor Lankhorst presented an award to Director of Finance, Clifford Blackwell,
III for the city’s Comprehensive Annual Financial Reporting.
V. VISITOR/CITIZENS FORUM
rd
Pat Doescher, Chairman, Kennedale Chamber of Commerce announced the 3 Annual
Kar Show and Health Fair would be held on Saturday, May 17, 2008 with a rain date of
st
May 31. Doescher encouraged anyone interested to participate in upcoming meetings,
and invited Council to join in on the dunking booth.
Elaine Fountain of 206 S. Dick Price Rd., Kennedale, TX questioned the status of
recycling. Bob Hart, City Manager replied that IESI was in the stage of constructing a
drop off center in front of their entrance at the landfill, and once completed notification
would be sent out to the public.
VI. REPORTS/ANNOUNCEMENTS
a. City Manager
Bob Hart, City Manager provided an update to Council regarding applications
received for the position of Fire Chief, and said interviews would be conducted the
first week of March.
b. City Council
Councilmember, Brian Johnson thanked Pat Doescher, Chairman of the Kennedale
Chamber of Commerce for spear heading the racetrack committee.
Councilmember, Jerry Miller advised that he had received a compliment on the
new garbage service IESI is providing.
c. Mayor
Mayor, Bryan Lankhorst announced that the park in Rolling Acres Addition and
the TownCenter Plaza were currently under construction.
VII. CONSENT AGENDA
a. Approval of minutes: Regular Meeting dated January 10, 2008
Special meeting dated January 26, 2008
b. Approval of Investment Report.
c. Approval of Racial Profiling Report.
d. Approval of Resolution No. 245, declaring certain property surplus and/or salvage
and authorizing the sale of said property.
e. Approval of Ordinance No. 387, authorizing City Manager to execute agreement
with Atmos and adopt rate adjustments.
3308
f. Review and consider Ordinance No. 388, modifying lighting service tariff with
Oncor Electric Delivery Company, LLC.
g. Review and consider Resolution No. 246, calling for a General Election to be held
May 10, 2008, approving a Joint Election with Tarrant County, and establishing
procedures for that election.
h. Review and consider approval of Resolution No. 247, establishing criteria for a
Municipal Setting Destination.
i. Approval to authorize City Manager to execute Interlocal Agreement with the City
of Arlington for sewer cost sharing – Arlington and Eden Road.
j. Approval to authorize City Manager to execute Interlocal Agreement with the City
of Fort Worth for wastewater service in Oak Crest Addition.
Councilmember, Brian Johnson moved to approve consent agenda items a through
j, second by Councilmember, Jerry Miller. Motion carried (3-0).
VIII. REGULAR ITEMS
k. Review and consider acceptance of TownCenter Plaza bid proposals.
Councilmember, Jerry Miller motioned to award bids for TownCenter Plaza
projects as follows:
Wrought Iron Fence Material and Installation: Sundance Fence & Iron $20,852.00
Steel Fabrication for structural components for (1) Pavilion and (1) Tower Clock:
Seguin Fabricators – Pavilion Structure - $21,630.00
Seguin Fabricators – Clock Tower Structure - $20,200.00
Motion second by Councilmember, David Green with all members present voting
in favor. Motion carried (3-0).
l. Review and consider Ordinance No. 389, amending Chapter 8, Article II of the
Kennedale City Code (199), as amended, by providing the authority for the Fire
Marshal of the City of Kennedale to enforce the laws of the State of Texas and City
Ordinances.
Councilmember, David Green moved to approve Ordinance No. 389, amending
Chapter 8, Article II of the Kennedale City Code (199), as amended, by providing
the authority for the Fire Marshal of the City of Kennedale to enforce the laws of
the State of Texas and City Ordinances, second by Councilmember, Brian Johnson.
Motion carried (3-0).
m. Review and consider appointment to the Kennedale Economic Development
Corporation Board of Directors.
Councilmember, Brian Johnson moved to table appointment to the Kennedale
Economic Development Corporation Board of Directors until KEDC board
3309
members interviewed applicant, second by Councilmember, David Green. Motion
carried (3-0).
No further discussion, Mayor, Bryan Lankhorst recessed the meeting at 7:31 p.m.
to enter into executive session.
IX. 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; 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. Drainage problems in Oak Hill
3. Potential litigation with Wal-Mart regarding Southwest Crossing Addition,
Portion of Lot 2, Block 1, Kennedale, TX
4. Advice from attorney on special use permits and amortization.
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 – Jacob Pricket Survey, Abstract 1225, Tracts 12A, 12B and 12C (309
North Rd., Kennedale, TX).
X. RECONVENE INTO OPEN SESSION, AND TAKE ACTION NECESSARY
PURSUANT TO EXECUTIVE SESSION, IF NEEDED.
Mayor, Bryan Lankhorst reconvened into open session at 8:39 p.m.
Councilmember, Brian Johnson moved to authorize City Attorney to negotiate settlement
agreement with Dreamer’s, second by Councilmember, Jerry Miller. Motion carried (3-
0).
Councilmember, David Green moved to authorize City Manager to proceed with
purchase of property identified as Jacob Pricket Survey, Abstract 1225, Tracts 12A, 12B
and 12C (309 North Rd., Kennedale, TX), second by Councilmember, Brian Johnson.
Motion carried (3-0).
XI. ADJOURNMENT
Councilmember, Brian Johnson moved to adjourn the meeting at 8:40 p.m., second by
Councilmember, Jerry Miller. Motion carried (3-0).
ATTEST:APPROVED:
Kathy Turner, City SecretaryMayor, Bryan Lankhorst