07.14.2011 CC Minutes KFNNEDALE
You re Here,Your Flame
www.cityofkennedale.com
405 Municipal Drive, Kennedale,Texas 76060
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MINUTES
KENNEDALE CITY COUNCIL
REGULAR MEETING -July 14, 2011
CITY CHAMBERS
WORK SESSION - 5:30 PM
REGULAR SESSION - 7:00 PM
I. CALL TO ORDER
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II.WORK SESSION
The work session was called to order at 5:35pm.
*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. Discuss potential appointments to city boards and commissions.
City Council held a discussion on all applicants for each board and commission.
B. Presentation regarding Storm Water Permit updates by Sol Stigall from Teague, Nall and Perkins.
Sol Stigall from TNP presented a video and information related to recent updates to the stormwater
permitting process, noting that Kennedale was well on track and that the current permit period will end
in August of 2012 and that we will need to reapply at that time.
C. Discuss board and commission attendance policies.
This item has been moved to regular session for discuss due to time constraints, and will be likely be
on the agenda for the regular council meeting in August
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III. REGULAR SESSION
The regular session was called to order at 7;10pm.
IV. ROLL CALL
RollCall.
Present: Councilmember Frank Fernandez, Mayor Pro-Tern John Clark, Councilman Brian Johnson,
Councilman M. Kelly Turner, Councilwoman Liz Carrington, Mayor 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.VISITORICITIZENS 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.
1. Pat Doescher, Chairman of the Chamber of Commerce invited the council to the next Chamber
Luncheon which will be held at Life Fellowship Church from 1130a to 1:00pm on July 201h.
2. Kristyn Sanders approached the council regarding recycling in Kennedale. She presented a
variety of facts on the issue.
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.
A. Presentation of Texas City Management Association (TCMA) City Council of the Year award by Bill
Keffler, City Manager of Richardson, TX and immediate past TCMA President.
Bill Keffler formally presented the Texas City Managers Association `City Council of the Year' award to
the Council.
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B. Recognition presentation by Norm King from the Kennedale Rotary Club.
Norm King, current President of the Kennedale Rotary Club presented the Paul Harris Fellowship
Award to Councilmember Brian Johnson.
C. Mayor: Updates and information, if any
- Presentation of certificate of recognition to Michael Chandler
The City Council presented a certificate of recognition to Michael Chandler in thanks for his voluntary
assistance during the citywide trash collection day.
D. Councilmembers: Updates and information, if any.
E. City Manager: Updates and information, if any.
- FY2011/12 budget strategy and process update.
Bob Hart presented a brief update on the upcoming budget meetings, schedules, and general outlook
for the budget process.
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 regular meeting minutes dated June 9, 2011.
B. Discuss and consider approval of Change Order#5 for Bowman Springs Road.
C. Discuss and consider authorizing the City Manager to sign an agreement with the City of Arlington
for improvements to Bowman Springs Road.
D. Consider designating Amethyst Cirmo as official city Records Manager and Elections Administrator.
E. Consider authorizing the Mayor to sign a Dedication Instrument for property on Little School Road.
Motion: To approve the consent agenda as presented. Action: Approve, Moved by Councilman M.
Kelly Turner, Seconded by Councilwoman Liz Carrington.
Motion passed unanimously.
XI. REGULAR ITEMS
A. Presentation by Dr. Kenneth Tramm on different approaches to air monitoring
Rachel Roberts presented background information on the City's interest in air quality testing in regard
to oil and gas wells.
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Dr. Tramm presented information on the various possibilities and air testing methods available. City
Council
Dr. Tramm recommended some site screening and trending, then move to snapshots if necessary.
The recommended distance for testing varies greatly and depends upon a number of variables
including wind and level of release.
Liz Carrington asked for information on(racking chemicals, and Dr. Tramm described several aspects
of geology and hydrology that affect potential transfer of chemicals to aquifers around the country.
B, Public hearing regarding the 2010 Water Quality Report.
- Staff Presentation
- Public Hearing
- Follow-up Staff Comments
-Acceptance of Report
Larry Ledbetter presented information on the most recent water quality information.
No one requested to speak at the public hearing.
Motion: To accept the 2010 Water Quality Report as presented. Action: Accept, Moved by
Councilman Brian Johnson , Seconded by Councilwoman Liz Carrington.
Motion passed unanimously.
C. Discuss and consider electing a councilmember to the position of Mayor Pro-Tem.
Motion: To elect councilmember John Clark as Mayor Pro-Tem., Action: Approve, Moved by
Councilman Brian Johnson , Seconded by Councilman M. Kelly Turner.
Vote: Motion passed (Summary: Yes =4, No = 0, Abstain = 1).
Yes: Frank Fernandez, Councilman Brian Johnson , Councilman M. Kelly Turner, Councilwoman Liz
Carrington.
Abstain: Mayor Pro-Tem John Clark.
D.
Discuss and consider approval of AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF
THE CITY OF KENNEDALE, TEXAS (1991), AS AMENDED, BY ADDING ARTICLE III "EROSION
AND SEDIMENT CONTROL" TO CHAPTER 17 "PLANNING AND LAND DEVELOPMENT" TO
REQUIRE A SEDIMENT CONTROL PLAN FOR CERTAIN CONSTRUCTION OR LAND-
DISTURBING ACTIVITIES; PROVIDING FOR REQUIREMENTS, REVIEW, INSPECTION AND
ENFORCEMENT OF THE PLAN; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE
OF ALL ORDINANCES; PROVIDING A PENALTY FOR VIOLATIONS OF THIS ORDINANCE;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE, PROVIDING FOR
PUBLICATION, AND PROVIDING AN EFFECTIVE DATE.
Jaynes Crowey presented information on the proposed ordinance, stating that this ordinance would
assist the city in enhancing environmental quality in the realm of construction.
John Clark questioned if this ordinance will keep the city up to date in terms of the stormwater
permitting process, which James answered affirmatively.
Motion: To approve the erosion Ordiance as presented. Action: Approve, Moved by Mayor Pro-Tem
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John Clark, Seconded by Councilman M. Kelly Turner.
Motion passed unanimously.
E. Consider authorizing City Manager to execute a contract with Conatser Construction for the Little
School Road Project.
Bob Hart presented information and described the bid process in regard to the Little Road Project.
Conatser came in with the lowest bid of$4,113,863.30 and has done work for the city in the past.
Motion:To authorize the City Manager to execute a contract with Conatser Construction for the Little
School Road project. , Action: Approve, Moved by Councilwoman Liz Carrington, Seconded by
Councilman M. Kelly Turner.
Motion passed unanimously.
F.
Discuss and consider approval of AN ORDINANCE AMENDING CHAPTER 16 OF THE CODE OF
ORDINANCES OF THE CITY OF KENNEDALE, TEXAS BY AMENDING THE REGULATIONS
GOVERNING THE PRESERVATION OF TREES TO AMEND THE DEFINITIONS OF LANDSCAPE
ADMINISTRATOR AND TREE BOARD DESIGNATING THE KEEP KENNEDALE COMMISION AS
THE TREE BOARD AND ADDING ADDITIONAL DUTIES FOR THE TREE BOARD; PROVIDING
THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A
SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
Kelly Cooper presented background information on the incorporation of the Tree Board responsibilities
into the Keep Kennedale Beautiful Commission, which the Council has previously discussed.
Motion:To approve the Ordinance amending Chapter 16 to designate the Keep Kennedale Beautiful
Commission as the Tree Board as presented. , Action:Approve, Moved by Councilman Brian
Johnson , Seconded by Councilwoman Liz Carrington.
Motion passed unanimously.
G.
Discuss and consider AN ORDINANCE AMENDING CHAPTER 16 OF THE KENNEDALE CITY
CODE, ARTICLE Vll, KEEP KENNEDALE BEAUTIFUL COMMISSION,AS AMENDED; BY
AMENDING THE NUMBER OF MEMBERS; THE APPOINTMENT, TERMS OF OFFICE, REMOVAL
AND VACANCY; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL
ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
Kelly Cooper noted that due to an increase in interest for membership and an increase in potential
projects, the board wishes to expand official regular members from five to seven.
Motion: To approve the amended ordinance with a change in wording to expand to seven regular
members. Action:Approve, Moved by Councilman M. Kelly Turner, Seconded by Councilwoman Liz
Carrington.
Motion passed unanimously.
H. Discuss and consider 2011-2013 Planning and Zoning Commission appointments.
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Motion:To reappoint Ray Cowan and Billy Simpson to the Planning and Zoning Commission. ,
Action: Approve, Moved by Councilman M. Kelly Turner, Seconded by Councilman Brian Johnson .
Motion passed unanimously.
Motion: To reappoint David Dunn to the Planning and Zoning Commission, with the understanding
that the Commission must elect a new Chair., Action: Approve, Moved by Councilman Brian Johnson
, Seconded by Mayor Pro-Tem John Clark.
Vote: Motion passed (Summary: Yes = 3, No=2, Abstain = 0).
Yes: Frank Fernandez, Mayor Pro-Tem John Clark, Councilman Brian Johnson .
No: Councilman M. Kelly Turner, Councilwoman Liz Carrington.
Motion: To move Thomas Pirtle from his current alternate seat on the Planning and Zoning
Commission to the unexpired seat of Frank Fernandez, Action: Approve, Moved by Councilman
Brian Johnson , Seconded by Mayor Pro-Tern John Clark.
Motion passed unanimously.
I. Discuss and consider 2011-2013 Board of Adjustment appointments.
Motion: To reappoint Brian Cassady and Patrick Vader as regular members, and to reappoint Darrell
Dixon and Jeff Madrid as alternantes to the Board of Adjustment for 2011-2013, Action:Approve,
Moved by Councilman Brian Johnson , Seconded by Mayor Pro-Tem John Clark,
Vote., Motion passed (Summary: Yes =4, No = 1, Abstain = 0).
Yes: Frank Fernandez, Mayor Pro-Tem John Clark, Councilman Brian Johnson, Councilwoman Liz
Carrington.
No: Councilman M. Kelly Turner.
J. Discuss and consider 2011-2013 Parks and Recreation Advisory Board appointments.
Motion: To reappoint David Deaver to Place 1, Michael Chandler to Place 3, Cruz Pitre to Place 5, to
appoint Stephen Brim to Place 6 as an alternate and Jill Turner to Place 7 as an alternate to the Parks
and Recreation Advisory Board., Action: Approve, Moved by Councilman M. Kelly Turner, Seconded
by Councilwoman Liz Carrington.
Motion passed unanimously.
K. Discuss and consider 2011-2013 Keep Kennedale Beautiful Commission appointments.
Motion: To reappoint Wayne Wooten to Place 1 and Wilda Turner to Place 5 on the Keep Kennedale
Beautiful Commission., Action: Approve, Moved by Councilman Brian Johnson , Seconded by
Councilman M. Kelly Turner.
Motion passed unanimously.
Motion: To appoint NaMicha Boyd to Place 3, Rachel Rogers to Place 6, and Vicke Chandler to Place
7 on the Keep Kennedale Beautiful Commission., Action: Approve, Moved by Councilman Brian
Johnson , Seconded by Councilman M. Kelly Turner.
Motion passed unanimously.
L. Discuss and consider 2011-2013 Library Advisory Board appointments.
Motion: To reappoint Elaine Brower to the Library Advisory Board., Action: Approve, Moved by
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Councilman Brian Johnson , Seconded by Mayor Pro-Tern John Clark.
Motion passed unanimously.
M. Discuss and consider 2011-2013 Building Board of Appeals appointments.
Motion:To reappoint Brian Cassady to Place 3, Randall Swiney to Place 5, Bill Munn to Place 7, and
to appoint Jeffery Nevarez to Place 1 of the Building Board of Appeals., Action: Approve, Moved by
Councilwoman Liz Carrington, Seconded by Councilman Brian Johnson .
Motion passed unanimously.
N. Discuss and consider 2011-2013 Arts and Culture Advisory Board appointments.
Motion: To reappoint Felipe Gutierrez to Place 1, Lori Bryan to Place 3, Randy Bell to Place 7, and to
appoint Jeffery Nevarez to Place 5 of the Arts and Culture Advisory Board. , Action:Approve, Moved
by Councilman M. Kelly Turner, Seconded by Mayor Pro-Tern John Clark.
Motion passed unanimously.
0. Discussion to provide direction to the planning and zoning commission and staff concerning the
zoning of the remaining Wal-Mart pad-site.
Bob Hart presented background on the site, noting that current zoning excludes the bank that has
expressed interest in occupying the site. Mr. Hart asked for direction from the council in regard to
potential action on this matter.
The Council indicated that they were not inclined to adjust zoning to allow for a bank to enter this
location.
P. Work Session Item C: Discuss attendance policies for boards and commissions was moved to
regular session.
The council expressed a desire to set an annual attendance rate of at least 75% for continuance as a
member. All alternates should attend all meetings as well, and be involved in all discussions, but will
not be allowed to vote unless they are filling in for a regular member. The Mayor also recommended
that some degree of minimum training for all new members on effective governance and board
relations.
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
Meetings Act, including discussion on any item posted on the agenda.
No executive session was held.
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XIII. RECONVENE INTO OPEN SESSION, AND TAKE ACTION NECESSARY PURSUANT TO
EXECUTIVE SESSION, IF NEEDED
XIV.ADJOURNMENT
Motion:To adjourn., Action: Adjourn, Moved by Councilman Brian Johnson , Seconded by
Councilwoman Liz Carrington.
Motion passed unanimously.
The meeting was adjourned at 9:48pm.
PROVED:
Mayor, Bryan Lankhorst
ATTEST:
14U'Atl�' 6'
Amethyst G. Cir o, City Secretary
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