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2011_12.08 CC Agenda 405 Municipal Drive, Kennedale, Texas 76060 AGENDA KENNEDALE CITY COUNCIL REGULAR MEETING - December 8, 2011 CITY COUNCIL CHAMBERS WORK SESSION - 5:30 PM REGULAR SESSION - 7:00 PM I. CALL TO ORDER II. WORK SESSION *NOTE: Pursuant to Section 551.071 , Texas Government Code, the City Council reserves the right to adjourn into Executive Session at any time during the work session or the regular session to discuss posted executive session items or to seek legal advice from the City Attorney on any item p osted on the agenda. A. UTA Project Presentation: Bird Sanctuary B. UTA Project Presentation: Board and Commission Handbook C. UTA Project Presentation: Economic Development Incentives D. UNT Project Presentation: Kennedale Parkway Clea nup Options III. REGULAR SESSION IV. ROLL CALL V. INVOCATION VI. UNITED STATES PLEDGE VII. TEXAS PLEDGE “Honor the Texas Flag; I Pledge Allegiance to Thee, Texas, One State under God; One and Indivisible.” VIII. VISITOR/CITIZEN S 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. Page 2 of 3 IX. REPORTS/ANNOUNCEMENTS In addition to any specific matters list ed below, the city council may receive a report about items of community interest, including but not limited to recognition of individual officials, citizens or departments, information regarding holiday schedules, upcoming or attended events, etc. X. CONSENT ITEMS All matters listed under consent agenda have been previously discussed, require little or no deliberation, or are considered to be routine by the council. If discussion is desired, then an item will be removed from the consent agenda and con sidered separately. A. Consider approval of meeting minutes from regular meeting held on November 17, 2011. B. Consider approval of a professional services agreement with Modern Geosciences in the amount of $99,250 to conduct air monitoring at ga s well padsites in the City of Kennedale over a one -year period. XI. REGULAR ITEMS A. Discuss and consider deferring until February 9th, 2012 action on Case PZ 11 -10, a request for a change in zoning from “C -0” Retail Commercial to “C -1” Restrict ed Commercial for approximately 1.014 acres located at 4850 US Hwy 287, Kennedale, Tarrant County, Texas, more particularly described as Lot 2 Block 1R Southwest Crossing Addition. The rezoning is requested by JP Morgan Chase. B. Discuss and consider an AN ORDINANCE OF THE CITY OF KENNEDALE, AMENDING CHAPTER 23, ARTICLE III OF THE KENNEDALE CITY CODE (1992), REQUIRING PERMITS TO DISCHARGE INDUSTRIAL WASTE INTO THE KENNEDALE SANITARY SEWER SYSTEM; AUTHORIZING THE DIRECTOR OF THE PUBLIC WORKS TO PROMULGA TE REGULATIONS PERTAINING TO SUCH PERMITTING, PROVIDING FOR DEFINITIONS; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; REPEALING ORDINANCE NO. 308 (2005); PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF ; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. XII. EXECUTIVE SESSION A. The City Council will meet in closed session pursuant to Section 551.071 of the Texas Government Code fo r 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 regulation of sexually oriented businesses, litigation, settlement offers, and/or claims regarding the following matters: 1. H & A Land Corporation, et al. v. City of Kennedale - Cause No. 402 -CV -0458 -Y (Dreamer’s and Showtime) 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. 945 Little School Road Page 3 of 3 XIII. RECONVENE INTO OPEN SESSION, AND TAKE ACTION NECESSARY PURSUANT TO EXECUTIVE SESSION, IF NEEDED XIV. ADJOURNMENT In compliance with the Americans with Disabilities Act, the City of Kennedale will provide for reasonable accommodations for per sons attending City Council meetings. This building is wheelchair accessible, and parking spaces for disabled citizens are available. Requests for sign interpreter services must be made forty -eight (48) hours prior to the meetings. Please contact Amethyst Cirmo, City Secretary, at 817.985.2104 or (TDD) 1.800.735.2989 CERTIFICATION I certify that a copy of the December 8, 2011, agenda was posted on the City Hall bulletin board next to the main entrance of the City Hall building, 405 Municipal Drive, of the City of Kennedale, Texas, in a place convenient and readily accessible to the general public at all times and said Agenda was posted on the following date and time: by 5:00 p.m., at least 72 hours preceding the schedule time of said meeting, in accordanc e with Chapter 551 of the Texas Government Code. Amethyst G. Cirmo, City Secretary