07.10.2008 CC Minutes
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MINUTES
KENNEDALE CITY COUNCIL
REGULAR MEETING – JULY 10, 2008
405 MUNICIPAL DR. – KENNEDALE MUNICIPAL BLDG.
Mayor, Bryan Lankhorst called the meeting to order at 5:32 p.m.
Council present: Bryan LankhorstMayor
John ClarkMayor Pro-Tem, Place 1
David Green Councilmember, Place 2
Brian Johnson Councilmember, Place 3
Kelly Turner Councilmember, Place 4
Jerry Miller Councilmember, Place 5
Staff present: Bob Hart City Manager
Kathy Turner City Secretary
Matthew Wallis Legal Counsel
Clifford Blackwell, III Director of Finance
Tommy Williams Chief of Police
Mike McMurray Fire Chief
Larry Hoover Code Compliance Officer
Larry Ledbetter Director of Public Works
Mike Soab KEDC Director
I.WORK SESSION
a. Status briefing on racetrack committee activities.
Bob Hart, City Manager reported that with the assistance of the Chamber of
Commerce, a committee was formed to review the noise levels within the City.
Within the past six months the committee has held numerous work sessions, met
with a consultant, reviewed the existing ordinance, studied sound and the travel of
sound, reviewed various types of sound barriers, and took sound measurements
throughout town. The committee recommended a revision to the existing noise
ordinance to allow racing at 70 decibels until 10 p.m. unless a sound mitigation
plan had been prepared and submitted and construction under way towards the
mitigation measures. And, if this requirement were accomplished, then the tracks
would continue to operate until 12 midnight on Friday and Saturday nights. At the
end of the three-year period, all sound mitigation measures must be completed.
Next, Hart introduced committee members, which included Pat Doescher,
Chairman of the Kennedale Chamber of Commerce, Councilmember, Jerry Miller,
Constable, Clint Burgess, Becky Mowell, Darrell Erwin, and himself, and invited
each to speak about the process.
Becky Mowell stated that an email had surfaced last year regarding several factors
relating to the racetrack noise, and that the committee took these concerns,
reviewed them and felt that a sound mitigation plan was the only way to curb the
noise level. Mowell said the proposed ordinance has the ability to improve and
shape the future behavior of the City and reduce the sound levels, which was the
original request from the email.
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Pat Doescher, Chairman of the Chamber of Commerce said the committee
consisted of a broad range of citizens and her, and nothing was taken lightly.
Doescher said Ron Colson visited with the citizens of Kennedale and did listen to
their concerns, which reflect in the proposed ordinance. Doescher implied that
there were many frustrations that required the Committee to back up and regroup in
order to get where the Committee is today. The mitigation plan was put together
after many test throughout the City and around the racetracks. Committee
members visited the tracks and know where the sound is mitigating from, and have
taken steps to work with the racetrack owners to ensure that they take steps to
resolve the issues. Doesher went on to say that the racetrack owners are very
cooperative.
Clint Burgess commended the City Manager, Bob Hart for taking the ball and
doing something with it, and Chief of Police, Tommy Williams for spending many
hours taking noise level readings throughout the City. Burgess said the ordinance
is ready to go forward.
Councilmember, Jerry Miller stated that the ordinance is a working plan and the
City is trying to move forward. It may not be what everyone wants, but it ‘s a start.
Miller’s only concern was that he could not justify racing after midnight. Miller
recommended another review of the ordinance after the three-year period had
expired.
b. Strategic Plan discussion.
Bob Hart, City Manager spoke to Council in regards to recent meetings held with
UTA and the various board/committee members on strategic planning. He said he
visited with UTA today, and received the Plan to Plan. Hart provided Council with
a form to help cumulate a list of diverse citizens, business owners, civic
organizations and school board personnel, which will be used to pull together a
committee to assist with the development of such plan. Hart advised that planning
sessions will be time consuming, and will run from September to March 2009.
c. Discuss additional debt issuance for county road projects.
Clifford Blackwell, III, Director of Finance addressed Council regarding the Notice
of Intention to issue Certificates of Obligation. Blackwell reported the notice
would be for 4.5 Million, which is a portion of the overall 6 Million used to fund
the Tarrant County Road projects and improvements to Dick Price Road. Blackwell
said three million will be supported by the interest and sinking fund of the City’s
property tax authority while the remaining 1.5 million will be supported by royalty
revenue proceeds from the C&D Landfill.
Ryan Cunningham with Southwest Securities then addressed Council regarding the
impact of the series on the tax rate, and provided a breakdown of such.
d. Discuss enforcement of wreck ordinance.
Bob Hart, City Manager addressed Council regarding an ordinance adopted back in
1994 regulating wrecker services, which has not been enforced within the past 14
years. Hart recommended Council schedule a review of the ordinance at the
upcoming August or September meetings.
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e. Discuss and review any item on the agenda, if needed.
No further discussion, Mayor, Bryan Lankhorst closed the work session at 6:55
p.m.
II. REGULAR SESSION
Mayor, Bryan Lankhorst called the regular session to order at 7:15 p.m.
III. INVOCATION AND PLEDGE OF ALLEGIANCE
Constable, Clint Burgess gave the invocation followed by the Pledge of Allegiance being
recited.
IV. VISITOR/CITIZENS FORUM
Cody Friedel, owner of Chick Express addressed Council in regards to the traffic
generated from racetrack fans and the effect it played on his business.
Reverend Mike Fulfer, past Senior Counselor for the Hot Rod Association spoke to
Council about the creation of a church at Texas Raceways, in which he ministers to race
track fans and citizens to improve the quality of life. Fulfer also counsels with young
racers about the responsibilities and consequences that go along with racing, and stresses
the importance of not racing on public streets.
Everett Vassar, 304 S. New Hope Rd., Kennedale, TX, an employee of Texas Raceways
stated that he understood the need to improve the noise levels and safety of the
racetracks. Vassar is encouraged with the cooperation of the City working with the
tracks and feels that the ordinance is a win/win for both.
Warren Richardson, 104 Oak Ridge Trail, Kennedale, TX, racing enthusiast addressed
Council regarding the track noise. Richardson advised that he could hear the announcers
of the tracks and could not sit outside in his own backyard at 10:00 p.m. Richardson did
not want to see the racing end, but requested the noise levels be reduced.
Bob Byrd, 708 Shady Creek, Kennedale, TX, addressed Council in favor of some type of
ordinance to reduce the noise levels. Byrd implied that if Council approved an ordinance,
then enforcement should be enacted upon.
Steve Hayes, 200 Oak Ridge Tr., Kennedale, TX, stated that he was excited to see
Council addressing the noise level. Hayes implied that he had no opposition to racing;
however the noise levels were too loud, and no enforcement takes place to control such as
the city’s ordinances are not enforceable. Hayes requested Council implement a plan to
control the noise in a quicker time frame than what is proposed in private consultant’s
report, as he feels two years is to long or require the businesses to control such, and if
not, then the City acts to shut them down. In closing, Hayes remarked that other
businesses within the City are required to adhere to tighter standards.
Becky Mowell, 1101 River Rock Dr., Kennedale, TX, and racetrack committee member
stated that she felt the committee addressed all concerns sent out in a random email, and
by endorsing the proposed ordinance a sound mitigation plan would be in place to contain
the noise levels.
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Pat Doescher, Chairman of the Kennedale Chamber of Commerce and racetrack
committee member implied that she has been accused of being a paid lobbyist for the
racetracks and salvage yards. Doescher said that she keeps her personal businesses work
separate from the City, and related that the committee consisted of six individuals, three
of which live within the city. The committee worked to provide a remedy for the City to
help resolve the noise levels and feels that the sound mitigation plan will do such.
Doescher said that each racetrack has individual characteristics that differ from one
another, and some of the tracks have already taken steps to come into compliance, and
that the committee will continue to work with the tracks and the City to better the
community.
V. REPORTS/ANNOUNCEMENTS
a. City Manager
Bob Hart, City Manager reported on activities within the Oak Crest neighborhood,
st
which included the installation of wastewater services to commence around the 21
th.
of July, as well as a clean-up campaign scheduled for August 9
b. City Council
Councilmember, Brian Johnson thanked City staff for the Rodgers Farm Park
dedication, and stated that he would like to see the City place tents around other
areas of town to take Government out to the City.
c. Mayor
Mayor, Bryan Lankhorst spoke of the implementation of the Strategic Planning
Committee and said it needed to be a cooperative effort comprised of all citizens of
Kennedale, Kennedale Youth Association, Churches, Business Owners, K.I.S.D.
representatives, K.I.S.D. P.T.A. and teachers. Lankhorst said that he looks forward
for all people to come together to inform the City of the wants and needs in order to
shape Kennedale’s future.
VI. CONSENT AGENDA
a. Approval of minutes: Regular Meeting dated June 12, 2008 and
Work Session dated June 17, 2008.
b. Approval of Quarterly Investment Report.
c. Approval of Resolution No. 252, suspending the August 8, 2008, effective date of
Oncor Electric Delivery Company, LLC requested rate change.
Mayor Pro-Tem, John Clark moved to approve consent agenda items a through c,
second by Councilmember, Jerry Miller. Motion carried (5-0).
VII. REGULAR ITEMS
rd
d. Review and consider action to award bid for 33 Year Community Development
Block Grant (CDBG).
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Councilmember, Brian Johnson moved to award bid for 33 Year Community
Development Block Grant (CDBG) to Hall-Albert Construction Co. for One
Hundred Thousand, Seven Hundred Eighty Eight Dollars ($101,788.00) with the
city’s contribution of Twenty Six Thousand and Fifteen Dollars ($26,015.00) to
replace 830 linear feet of 8” sanitary sewer main on Mansfield Avenue. Motion
second by Councilmember, David Green. Motion carried (5-0).
e. Review and consider action to approve Resolution No. 253, authorizing Notice of
Intention to Issue Certificates of Obligation.
Councilmember, David Green moved to approve Resolution No. 253, authorizing
Notice of Intention to Issue Certificates of Obligation for $4.5 Million Dollars,
second by Councilmember, Kelly Turner. Motion carried (5-0).
f. Review and consider action to appoint/re-appointment members to the Library
Advisory Board.
Councilmember, Brian Johnson moved to re-appoint Rebecca Clark to Place 4
(Regular Member) to serve a two-year term expiring July 2010, second by
Councilmember, David Green. Councilmember’s, Brian Johnson, David Green,
Jerry Miller, and Kelly Turner voted aye, while Mayor Pro-Tem, John Clark
abstained. Motion carried (4-0-1).
Councilmember, Brian Johnson moved to appoint George Barrett to Place 2
(Regular Member) to serve a two-year term expiring July 2010, second by
Councilmember, Jerry Miller. Motion carried (5-0).
Councilmember, Brian Johnson moved to appoint Donald Rawe to Place 6
(Alternate Members) to serve a two-year term expiring July 2010, second by
Mayor Pro-Tem, John Clark. Motion carried (5-0).
g. Review and consider action to appoint an Alternate to the Planning and Zoning
Commission.
Councilmember, David Green moved to appoint Sharon Gilley as an Alternate on
the Planning and Zoning Commission to serve a one-year term to expire June 2009.
Motion second by Mayor Pro-Tem, John Clark. Motion carried (5-0).
h. Review and consider action to appoint two Alternates to the Board of Adjustments.
Mayor Pro-Tem, John Clark moved to table appointments, second by
Councilmember, David Green. Motion carried (5-0).
i. Review and consider action to approve Ordinance No. 405, amending Chapter 15,
Article V, of the Kennedale City Code (1991), as amended, to provide for a sound
mitigation plan for businesses and on-going activities.
Councilmember, Jerry Miller moved to approve Ordinance No. 405, amending
Chapter 15, Article V, of the Kennedale City Code (1991), as amended, to provide
for a sound mitigation plan for businesses and on-going activities. Motion second
by Councilmember, David Green.
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Mayor Pro-Tem, John Clark moved to amend Councilmember Miller’s motion to
include a revision to Section 1 – add Sentence at end of paragraph to read “This
definition does not include activities of a governmental entity or a political
subdivision.” Amended motion second by Councilmember, Brian Johnson.
Mayor Pro-Tem, John Clark, Councilmember’s Kelly Turner and David Green
voted aye, while Councilmember’s Brian Johnson and Jerry Miller voted nay.
Amended motion carried (3-2).
Mayor Pro-Tem, John Clark moved to amend Councilmember Miller’s motion to
include a revision to Section 15-153 (2) – change 10:00 p.m. default time to read
“7:00 p.m.”. Amended motion second by Councilmember, Brian Johnson.
Mayor Pro-Tem, John Clark voted aye, while Councilmember’s Brian Johnson,
Jerry Miller, Kelly Turner, and David Green voted nay. Amended motion failed
(1-4).
Mayor Pro-Tem, John Clark moved to amend Councilmember Miller’s motion to
include a revision to Section 15-153 (3) – fourth line – after 10:00 p.m., strike
remaining sentence, and replace with “except during the transition period prior to
completion of the sound mitigation plan during which period the levels established
in the sound mitigation plan shall be controlling.” Amended motion second by
Councilmember, Brian Johnson.
Mayor Pro-Tem, John Clark and Councilmember, Kelly Turner voted aye, while
Councilmember’s Brian Johnson, Jerry Miller and David Green voted nay.
Amended motion failed (2-3).
Mayor Pro-Tem, John Clark moved to amend Councilmember Miller’s motion to
include a revision to Section 15-158, (c) change three years for implementation to
read “eighteen months”. Amended motion second by Councilmember, Brian
Johnson.
Mayor Pro-Tem, John Clark, Councilmember’s Brian Johnson, Kelly Turner, and
David Green voted aye, while Councilmember, Jerry Miller voted nay. Amended
motion carried (4-1).
Mayor Pro-Tem, John Clark moved to amend Councilmember Miller’s motion to
include a revision to Section 7 – Penalty, change last sentence to read “Each
violation that is permitted to exist shall constitute a separate offense.” Amended
motion second by Councilmember, Brian Johnson.
Legal Counsel advised that there is a requirement under State Law that limits
ordinance violations one for every day under the Local Government Code.
Mayor Pro-Tem, John Clark withdrew his amended motion on the advice of legal
counsel. Councilmember, Brian Johnson withdrew his second.
Original motion to approve Ordinance No. 405 was approved contingent upon
revision to Section 1 – adding sentence at the end of the paragraph to read “This
definition does not include activities of a governmental entity or a political
subdivision.” and revising Section 15-158, (c) changing three years for
implementation to read “eighteen months”. Motion carried (5-0).
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No further discussion, Mayor, Bryan Lankhorst recessed the meeting at 9:30 p.m.
to enter into executive session.
VIII. 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; advice on noise regulations and regulation of sexually
oriented businesses.
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 for the following:
1. Expansion of Sonora Park
2. Oak Crest Properties
3. Lot 1, Block 2, Shady Creek Addition
IX. RECONVENE INTO OPEN SESSION, AND TAKE ACTION NECESSARY
PURSUANT TO EXECUTIVE SESSION, IF NEEDED.
Mayor, Bryan Lankhorst reconvened into open session at 10:27 p.m.
a. Review and consider action to approve Resolution No. 254 authorizing the city
attorney to pursue legal action to obtain access to property for purposes of
surveying, appraising the value and suitability of, and acquiring property for the
expansion of Sonora Park.
Mayor Pro-Tem, John Clark moved to approve revised Resolution No. 254
authorizing the city attorney to pursue legal action to obtain access to property for
purposes of surveying, appraising the value and suitability of, and acquiring
property for the expansion of Sonora Park, second by Councilmember, Kelly
Turner. Motion carried (5-0).
X. ADJOURNMENT
Councilmember, Brian Johnson moved to adjourn the meeting at 10:32 p.m., second by
Councilmember, David Green. Motion carried (5-0).
APPROVED:
Mayor, Bryan Lankhorst
ATTEST:
Kathy Turner, City Secretary