09.11.2008 CC Minutes3358
MINTUES
KENNEDALE CITY COUNCIL
REGULAR MEETING -SEPTEMBER 11, 2008
405 MUNICIPAL DR. - KENNEDALE MUNICIPAL BLDG.
COUNCIL CHAMBERS
Mayor, Bryan Lankhorst called the meeting to order at 5:40 p.m., and announced that a quorum
was present.
Council present: Bryan Lankhorst
John Clark
David Green
Brian Johnson
Jerry Miller
Council absent: Kelly Turner
Staff present: Bob Hart
Kathy Turner
Wayne K. Olson
Carolyn Marshall
Tommy Williams
Mike McMurray
James Cowey
Larry Ledbetter
Mayor
Mayor Pro-Tem, Place 1
Councilmember, Place 2
Councilmember, Place 3
Councilmember, Place 5
Councilmember, Place 4
City Manager
City Secretary
Legal Counsel
Interim Director of Finance
Chief of Police
Fire Chief
Building Official
Director of Public Works
I. WORK SESSION - 5:30 PM
a. Open meetings briefing by legal counsel.
Wayne Olson, Legal Counsel provided a power point presentation on Texas Open
Government with specific emphasis on the Texas Open Meetings Act.
b. Discussion on proposal to amend the Animal Control Ordinance in reference to
wild animals.
Bob Hart, City Manager explained to Council that a request to amend the animal
control ordinance had been received from Doug Harrison, owner of Harrison Jet
Guns to allow for the confinement of deer within the city limits. Hart implied that
Mr. Harrison desires to use a portion of his property to confine deer for breeding
purposes, and then transport the deer out of the area.
An in-depth discussion pursued with what zoning districts would be acceptable,
acreage required, fencing requirements, permits, liability insurance, review of
policy for all wild animals, number of animals per square footage, and State
requirements.
It was suggested that city staff prepare an ordinance for the October meeting for the
confinement of whitetail deer.
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c. Strategic Plan discussion.
Bob Hart, City Manager reminded Council that Saturday, October 4 was the kick-
off meeting for the strategic plan, which would be held from 9 a.m. to 4 p.m. Hart
said that letters were mailed out to request citizen business owner's involvement
and that it was essential for participation.
d. Discussion on proposed sign ordinance.
Two ordinances were presented before council for review. One consisted of the
P&Z draft ordinance, and the second one consisted of an ordinance generated by
city staff.
Discussion followed with a recommendation directed at city staff to combine the
current ordinance, and the two draft ordinances into one complete ordinance and
present at the October meeting for review.
Discuss and review any item on the agenda, if needed.
No further discussion, Mayor Lankhorst closed the work session at 7:00 p.m.
II. REGULAR SESSION
Mayor, Bryan Lankhorst called regular session to order at 7:10 p.m.
III. INVOCATION AND PLEDGE OF ALLEGIANCE
Travis Carpenter with BSA Troop 396 gave the invocation followed by the Pledge of
Allegiance being recited.
IV. VISITOR/CITIZENS FORUM
Pat Doescher, Chairman. with the Kennedale Chamber of Commerce announced the
upcoming meetings for the Chamber: Monthly luncheon scheduled for September 17,
2008 from 11:30 a.m. to 1:00 p.m. at the Life Fellowship Church with Jeff Crilley being
the guest speaker; Ambassador Committee Meeting scheduled. for September 23, 2007
from 5:30 p.m. to 7:00 p.m. at the Chamber of Commerce; and Taste of Kennedale
scheduled for September 29, 2008 from 7:00 p.m. to 9:00 p.m. at the Kennedale High
School Cafeteria. Doescher said that the upcoming events would kick off the new season
for the Chamber, and that it would be a great time to get out and network.
Ernest Harvey, 604 Oak Leaf Drive, Kennedale, TX and Lori Bryan, 605 Parkview Ct.,
Kennedale, TX addressed council with the creation of an Arts Advisory Board -
Connecting the Dots. It was explained that connecting the dots referred to art, as art
weaves itself in and out of society and a community. Art serves as a community thread
that can connect the residents with city facilities, as well as the schools and businesses,
and provide community enrichment, appeal, appearance, and trade. In addition, art
enhances learning, human experience, quality of life, economic development, and the
overall community.
To conclude the presentation, ways the dots could be connected were summarized. It was
suggested to create an Arts Advisory Board; Intergrade the Arts Advisory Board into the
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city's processes as advisors; have the Arts Advisory Board reach out to the community
through the schools, residents, community center, and city boards/commissions;
commission the board to develop a Master Plan for the Arts defining short and long term
goals; and seek out grants, endowments, donations and partnerships in support of the Arts
and Arts based initiatives.
V. REPORTS/ANNOUNCEMENTS
a. City Manager
Bob Hart, City Manager advised Council that city staff would prepare sandbags
and have ready for delivery in preparation for Hurricane Ike.
b. City Council
Councilmember, David Green spoke of the tragic events of 9-1-1 and asked
everyone to keep those families in their thoughts, as they must continue to deal
with the loss of loved ones on a day to day basis.
Councilmember, Brian Johnson wished Major, Charles Overstreet (Planning and
Zoning Commissioner) a safe return from Iraq, thanked F W T, Inc. (Fred Moore)
for making new sign for the Kennedale Fire Department, and thanked persons
involved with presentation of Arts Festival.
c. Mayor - No Reports/Announcements.
VI. CONSENT AGENDA
a. Approval of minutes: Regular Meeting dated August 14, 2008;
Special Meeting dated August 21, 2008; and
Special Meeting dated August 28, 2008.
b. Approval to authorize the City Manager to execute an Interlocal Agreement for
participation in Fort Worth's Environmental Collection Center Household
Hazardous Waste Program.
Approval to authorize the City Manager to execute a contract with Teague, Nall
and Perkins for Engineering Services in regards to Tarrant County Road Projects.
Mayor Pro-Tem, John Clark moved to approve the consent agenda contingent upon
corrected pages 7 of 28, 8 of 28, 9 of 28, and 24 of 28 being inserted into Teague
Nall and Perkins contract, second by Councilmember, David Green. Motion
carried (4-0).
VII. REGULAR ITEMS
d. Public hearing, Review and Consider Action to approve Planning and Zoning Case
#08-IO - Re-plat of Block 2, Lot 6, Oliver Acres Subdivision (4.28 acres) to that of
Block 2, Lot 6R1 (1 acre) and Block 2, Lot 6R2 (3.28 acres). Property is located at
1200 Swiney Hiett Road, Kennedale, Texas. Requested by Ricardo Trevino.
1. Staff Presentation of Case
err 2. Applicant Presentation of Case
3. Public Hearing
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4. Applicant Response
5. Staff Response and Summary of Case
6. Action on Case
Rick Trevino, Owner Applicant of P&Z Case #08-10 submitted a letter to withdraw
his case from the agenda. No action was taken by the City Council.
Review and Consider action to appoint one Alternate to the Board of Adjustments.
Councilmember, Jerry miller moved to table the appointment of an Alternate to the
Board of Adjustments until the October 9, 2008 regular council meeting, second by
Councilmember, David Green. Motion carried (4-0).
Review and Consider action to approve Ordinance No. 409, adopting budget for
fiscal year 2008-2009.
Councilmember, Brian Johnson moved to approve Ordinance No. 409, adopting the
budget for fiscal year 2008-2009, second by Mayor Pro-Tem, John Clark.
Councilmember, Jerry Miller questioned over time expenses and car allowance in
KEDC budget. It was noted that over time expense would be removed from the
budget, and that car allowance was approved in accordance to agreement
established. between employee and the KEDC Board of Directors.
Motion carried to approve the fiscal year 2008-2009 budget with all members
present voting in favor. (4-0).
g. Review and Consider action to approve Ordinance No. 410, adopting 2008 tax rate
of $0.722500 per $100 of taxable value.
Mayor Pro-Tem, John Clark moved that property taxes be increased by the
adoption of a tax rate of $72.25 cents, second by Councilmember, Brian Johnson.
Motion carried (4-0).
h. Review and Consider action to ratify property tax increase reflected in the FY
2008-2009 Budget.
Mayor Pro-Tem, John Clark moved to ratify the property tax increase reflected in
the budget, second by Councilmember, Brian Johnson. Motion carried (4-0).
Review and Consider action to nominate members to serve on the Texas Municipal
League Intergovernmental Risk Pool (Workers' Compensation Property and
Liability) Board of Trustees.
Mayor Pro-Tem, John Clark moved to nominate the following members to serve on
the Texas Municipal League Intergovernmental Risk Pool (Workers'
Compensation Property and Liability) Board of Trustees: E. "Henry" Garcia for
Place 1; Garry B. Watts for Place 2; Paul Parker, incumbent, for Place 3; and
Rickey C. Childers, incumbent, for Place 4. Motion second by Councilmember,
Brian Johnson. Motion carried (4-0).
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Review and Consider action to appoint/re-appoint Board of Directors to the
Kennedale Economic Development Corporation.
Councilmember, Brian Johnson moved to table appointment/re-appointment of
Board of Directors to the Kennedale Economic Development Corporation until the
October 9, 2008 regular council meeting. Motion second by Councilmember, Jerry
Miller. Motion carried (4-0).
No further business before the City Council, Mayor, Bryan Lankhorst recessed the
meeting at 7:56 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; open meetings act, 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
IX. RECONVENE INTO OPEN SESSION, AND TAKE ACTION NECESSARY
PURSUANT TO EXECUTIVE SESSION, IF NEEDED.
Mayor, Bryan Lankhorst reconvened into open session at 8:12 p.m.
Mayor Pro-Tem, John Clark moved to authorize legal counsel to proceed with the closing
of lien on Lot 14, Block 7, Oak Crest Addition, second by Councilmember, David Green.
Motion carried (4-0).
X. ADJOURNMENT
Councilmember, Brian Johnson moved to adjourn the meeting at 8:13 p.m., second by
•~,,a~~~"C'duq~ilmember, David Green. Motion carried (4-0).
,,••` OF KEN~y,~ ,,
~''~ V ~~ ~ =' ayor, Bryan Lankhorst
Kathy Turne , ity Secretary