01.12.2012 CC MinutesKENNEDALE CITY COUNCIL
MINUTES
REGULAR MEETING
January 12, 2012
CITY HALL COUNCIL CHAMBERS, 405 MUNICIPAL DRIVE
WORK SESSION - 5:30 PM
EXECUTIVE SESSION - 6:OOPM
REGULAR SESSION - 7:00 PM
I. CALL TO ORDER
Mayor Lankhorst called the meeting to order at 5:35pm.
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
posted on the agenda.
A. Presentation and update from the Youth Advisory Commission
The YAC gave a brief update on what the they have accomplished so far this year, mentioning the Fall
For You Senior Dance, the round -a -bout public service announcement, and work on Art in the Park.
Hannah Wolfsburg presented information to the council regarding the available lot in front of WalMart,
noting that shoe stores, frozen yogurt, and coffee houses.
Councilmember Clark asked if I would be possible for the YAC to poll the high school student body on
potential usage of these types of businesses.
B. Discuss potential 38th Year CDBG Project
Larry Ledbetter approached the Council, stating that the city has proposed that the water and sewer
on Municipal Drive be addressed through this project. This funding may or may not be available, as
and such the project may be pushed out an extra year. Once Municipal Drive is completed around
60% of `Old Town' Kennedale will have updated water and sewer infrastructure.
Mr. Ledbetter also gave updates on the New Hope water line project, current water restrictions, and
other ongoing projects.
C. Discuss standardization of city speed limits.
Bob Hart approached the council regarding changes with speed limits. All city speed limit signs will
have to be replaced in the next three years to meet new reflectivity standards. They city is also not
allowed to set speed limits under 25mph or above 60mph by law.
The Council had questions regarding methodology behind certain streets, and asked that if possible
i
the city use this opportunity to also address signs regarding cell phone usage and parking in school
zones and other issues.
Regular session item B was moved for discussion during the work session as requested by
Councilmember Clark.
B. Discuss and consider adopting AN ORDINANCE OF THE CITY OF KENNEDALE, TEXAS
AMENDING CHAPTER 15, ARTICLE V AND CHAPTER 17, ARTICLE VI OF THE KENNEDALE CITY
CODE (1991), AS AMENDED, TO MAKE CHANGES TO THE CITY'S ZONING REGULATIONS AND
TO THE CITY'S NUISANCE REGULATIONS; ADDING DEFINITIONS OF C- WEIGHTING,
FREQUENCY, OCTAVE BANDS, AND PURE TONES; AMENDING REGULATIONS GOVERNING
NOISE REGULATIONS FROM 7 PM TO 8 AM FOR CERTAIN USES; PROVIDING REGULATIONS
GOVERNING LOW- FREQUENCY SOUNDS AND PURE TONES; PROVIDING REGULATIONS
REQUIRING AMBIENT SOUND TESTING; PROVIDING THAT THIS ORDINANCE SHALL BE
CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A
PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR
PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE.
Councilmember Clark posed a question regarding ambient standards between oil & gas extraction and
those for regular manufacturing.
Rachel Roberts noted that separate ordinances had been found to be standard practice in the
Metroplex. Bob Hart noted that the railroad tracks and train noise also contributed to the necessity of
separate ordinances.
The Council recessed to Executive Session at 6:26pm
III. EXECUTIVE SESSION (6:OOPM)
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
regulation of sexually oriented businesses, litigation, settlement offers, and /or claims regarding the
following matters:
H & A Land Corporation, et al. v. City of Kennedale - Cause No. 402 -CV- 0458 -Y (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. Oak Crest Addition Blk 14 Lot 2
2. 209 N New Hope Road
IV. RECONVENE INTO OPEN SESSION, AND TAKE ACTION NECESSARY PURSUANT TO
EXECUTIVE SESSION, IF NEEDED
V. REGULAR SESSION
Mayor Lankhorst called the regular session to order at 7:02pm.
VI. ROLL CALL
Page 2 of 5
RoIlCall.
Present: John Clark, Brian Johnson , Kelly Turner, Liz Carrington, Bryan Lankhorst (Not Voting).
Absent/Excused: Frank Fernandez.
VII. INVOCATION
VIII. UNITED STATES PLEDGE
IX. TEXAS PLEDGE
"Honor the Texas Flag; I Pledge Allegiance to Thee, Texas, One State under God; One and Indivisible."
X. VISITOR/CITIZENS FORUM
At this time, any person with business before the City Council not scheduled on the Agenda may speak,
provided that an official 'Visitor /Citizen Request to Speak' Form has been completed and submitted to the
City Secretary prior to the start of the meeting. All comments must be directed towards the Council as a
whole, rather than individual councilmembers or staff. All speakers must limit their comments to the
subject matter as listed on the `Speaker's Request Form.' No formal action can be taken on these items.
1. Felipe Gutierrez 402 PA avenue gave an update on Art in the Park. The committee is on its way
to achieving this year's funding goals and encouraged the rest of Council and the city to
participate.
Greg Hutson, Executive Director of the Kennedale Chamber of Commerce approached the
council, noting that the Texas Independence Day Parade will be held on March 3 The
Chamber has been working on parade sponsorship and acquiring vendors.
Kennedale Resident Ann Deal — spoke about road construction and brought up concerns with
dispersion of information, barricades, directions, and safety issues.
XI. REPORTS /ANNOUNCEMENTS
In addition to any specific matters listed 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.
A. Mayor: Updates and information, if any
- Presentation of Government Finance Officers Association (GFOA) Award of Financial
Reporting Achievement to City of Kennedale Finance Department and Sakura Moten Dedrick,
Director of Finance & Information Technology.
Mayor Lankhorst presented the award to Ms. Dedrick.
B. Councilmembers: Updates and information, if any.
C. City Manager: Updates & information, if any.
Councilmember Johnson asked for an update on road construction.
Mr, Hart announce the January 28 Open House, which will coincide with the Library's 20
Anniversary Celebration and the Opening of the Section House, which will be the new office for the
Chamber of Commerce.
Page 3 of 5
XII. 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 considered separately.
A. Consider approval of December 8, 2011 regular meeting minutes.
B. Discuss and consider authorizing the City Manager to sign an agreement with Tarrant County for
the reconstruction of Bloxom Park Road.
C. Discuss and consider approval of a Memorandum of Understanding regarding the adoption of
TxDOT's federally- approved Disadvantaged Business Enterprise program.
D. Consider authorizing the City Manager to execute a City Pride Sign Agreement with TxDOT for the
9/11 Memorial sign on Kennedale Parkway.
E. Consider authorizing the Mayor to execute Interlocal Agreement for Administrative Costs Funding
for Section 5310 Program with Fort Worth Transportation Authority.
Motion: To approvethe consent agenda as presented. , Action: Approve, Moved by Kelly Turner,
Seconded by John Clark.
Motion passed unanimously.
XIII. REGULAR ITEMS
A. Discuss and consider approval to authorize City Manager to execute contract to perform a Water &
Sewer Rate Study update.
Sakura Moten Dedrick noted that the City was due for an update and future planning for impact fees.
Carolyn Marshall, proposed contractor, also attended the meeting, mentioned that future drought
conditions may have an effect on city revenues in the coming years.
Motion: To authorize the City Manager to execute a contract with Carolyn Marshall for impact fees. ,
Action: Approve, Moved by John Clark, Seconded by Liz Carrington.
Motion passed unanimously.
B. Discuss and consider adopting AN ORDINANCE OF THE CITY OF KENNEDALE, TEXAS
AMENDING CHAPTER 15, ARTICLE V AND CHAPTER 17, ARTICLE VI OF THE KENNEDALE CITY
CODE (1991), AS AMENDED, TO MAKE CHANGES TO THE CITY'S ZONING REGULATIONS AND
TO THE CITY'S NUISANCE REGULATIONS; ADDING DEFINITIONS OF C- WEIGHTING,
FREQUENCY, OCTAVE BANDS, AND PURE TONES; AMENDING REGULATIONS GOVERNING
NOISE REGULATIONS FROM 7 PM TO 8 AM FOR CERTAIN USES; PROVIDING REGULATIONS
GOVERNING LOW- FREQUENCY SOUNDS AND PURE TONES; PROVIDING REGULATIONS
REQUIRING AMBIENT SOUND TESTING; PROVIDING THAT THIS ORDINANCE SHALL BE
CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A
PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR
PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE.
Rachel Roberts noted that changes included new, more clear tables, information on ambient sound
testing, peak sound levels, and low frequency sounds.
Page 4 of 5
Ms Roberts received written comments from XTO, which she addressed. These included times of day,
and several questions that dealt with issues that were not being changed with the proposed ordinance.
Lea King, a representative from Chesapeake Energy, approached the council and read a letter that
was passed out to council, which will be filed in the City Secretary's Office.
John Clark posed questions regarding time limitations and sound allowed above ambient,
Motion: , Action: Table, Moved by John Clark, Seconded by Brian Johnson .
Motion passed unanimously.
C. Discuss and consider authorizing temporary permission to Art in the Park to sell alcohol in
TownCenter Park during the Art in the Park event from March 30, 2012 through April 1, 2012.
Felipe Gutierrez approached the council to ask for permission to allow for alcohol sales and for this
permit to allow patrons to walk within the boundaries of art in the park with purchased alcoholic
beverages. Councilmember Clark asked that signage be added to the children's area that specifically
prohibits alcohol in that area.
Motion: To approve a temporary permit for alcohol for Art in the Park. , Action: Approve, Moved by
Brian Johnson , Seconded by Liz Carrington.
Motion passed unanimously.
D. Discuss and consider appointments to the Building Board of Appeals.
Motion: To table this issue until the February regular meeting. , Action: Table, Moved by Kelly
Turner, Seconded by Liz Carrington.
Motion passed unanimously.
E. Discuss and consider appointments to the Planning and Zoning Commission.
Motion: To appoint Adrienne Kay to the Vacant Regular seat. , Action: Approve, Moved by John
Clark, Seconded by Kelly Turner.
Motion passed unanimously.
Motion: To appoint Carolyn Williamson to the Vacant Alternate seat. , Action: Approve, Moved by
John Clark, Seconded by Kelly Turner.
Motion passed unanimously.
XIV. ADJOURNMENT
Motion: To adjourn, . Action: Approve, Moved by Liz Carrington, Seconded by John Clark.
The meeting was adjourned at 8:35pm
ATTEST:
City Secretary, methyst G. Cirmo
APPROVE:
*41V LA(144
Mayor Bryan Lankhorst
Page 5 of 5