12.08.2011 CC Minutes405 Municipal Drive, Kennedale, Texas 76060
MINUTES
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
Mayor Lankhorst called the meeting to order at 5:30pm.
11. WORK SESSION
*NOTE. Pursuant to Section 551.071, Texas Government Code, the City Council reserves the right
to adiourn 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. UTA Project Presentation: Bird Sanctuary
Ryan Spicer, Lauren Tucker, and April Anresen from UTA presented recommendations on
building partnerships with property owners, creating agreements with property owners, public -
private partnership best practices, and general options for community outreach.
Their report and recommendations were submitted in report form to the Council and will be on
file with the city.
B. UTA Project Presentation: Board and Commission Handbook
Erin Morgan, Lucy Bowen, Ashley Douglas, and Lisa Thaqi from UTA presented background
information and a draft handbook. They were tasked with creating a readable and explanatory
handbook that would serve as a guiding document for all board and commission members.
Councilmember Johnson requested that additions to the glossary and other sections be made
to finalize the draft.
Their draft handbook and recommendations were submitted in report form to the Council and
will be on file with the city. The handbook will be finalized in early 2012 and will be distributed
to all board and commission members both in paper and electronic form.
C. UTA Project Presentation: Economic Development Incentives
Shelley Broyles from UTA presented background and research findings regarding economic
development along Kennedale Parkway, recommending the creation of a 'light industrial'
zoning classification, establishment of an industrial reinvestment zone, and usage of property
tax abatements, Type B sales tax, and matching grants.
D. UNT Project Presentation: Kennedale Parkway Cleanup Options
Jim Cook, Emily Hudson, and Carrie Hart from UNT presented information related to how the
city conducts code enforcement and how the city may be able to measure these efforts. They
noted survey results and recommended the use of financial incentives, tax increment
reinvestment zones, and public improvement districts to encourage the cleanup process.
III. REGULAR SESSION
IV. ROLL CALL
RoliCall.
Present: Frank Fernandez, John Clark, Brian Johnson , Kelly Turner, Liz Carrington, Bryan Lankhorst
(Not Voting).
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/CITIZENS 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.
IX. 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.
Brian Johnson congratulated the city on a successful Christmas Tree Lighting event.
Mayor Lankhorst noted that Monte Ubanks, who had questions regarding renting KKB at the previous
meeting, has since resolved this issue and will be utilizing the Kennedale ballfields beginning in January
of 2012.
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 considered separately.
A. Consider approval of meeting minutes from regular meeting held on November 17, 2011.
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B. Consider approval of a professional services agreement with Modern Geosciences in the amount of
$99,250 to conduct air monitoring at gas well padsites in the City of Kennedale over a one -year period.
Motion: To approve the consent agenda with the amendments as noted in the staff report to item B.,
Action: Approve, Moved by John Clark, Seconded by Brian Johnson .
Motion passed unanimously.
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" Restricted 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.
Motion: To defer PZ case 11 -10 to the February 2012 regular meeting., Action: Table, Moved by
Brian Johnson , Seconded by Kelly Turner.
Motion passed unanimously.
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 PROMULGATE 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.
Larry Ledbetter approached the council, noting that the TCEQ and the EPA have been working with
Fort Worth to streamline the industrial waste ordinance. As Kennedale uses the Fort Worth system,
the city was included in this process. Kennedale will now operate under one streamlined ordinance
instead of two.
John Clark asked if the model ordinance was more restrictive than what the cit currently has. Mr.
Ledbetter explained that this new ordinance is more flexible and gives the city additional leeway.
There are currently no users that will be affected by the new ordinance.
Frank Fernandez posed a question regarding disposal of swimming pool water. Mr. Ledbetter noted
that this would be covered under a different set of regulations related to stormwater, and not industrial
waste.
Motion: To approve Ordinance 494., Action: Approve, Moved by Brian Johnson , Seconded by Liz
Carrington.
Motion passed unanimously.
The City Council recessed to executive session at 7:35pm.
XII. 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
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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
XIII. RECONVENE INTO OPEN SESSION, AND TAKE ACTION NECESSARY PURSUANT TO
EXECUTIVE SESSION, IF NEEDED
Mayor Lankhorst called the meeting back into open session at 7:55pm.
No action pursuant to executive session was necessary.
XIV. ADJOURNMENT
Motion: To adjourn. , Action: Adjourn, Moved by Liz Carrington, Seconded by Frank Fernandez.
Motion passed unanimously.
The meeting was adjourned at 8:00pm.
APPROVED:
Mayor Bryan Lankhorst
ATTES . n Aw
City Secretary, A ethyst G. Cirmo
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