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09.10.2009 CC PacketNOTICE OF MEETING OF THE KENNEDALE CITY COUNCIL KENNEDALE, TEXAS Notice is hereby given that a Work Session will commence at 5:30 P.M., and Regular Session will commence at 7:00 P.M. by the governing body of the City of Kennedale, Texas, on the 10 day of September, 2009 in the Council Chambers, Kennedale Municipal Building, 405 Municipal Drive, Kennedale, Texas at which time the following subjects will be discussed to wit: AGENDA (SEE ATTACHED NOTICE) Dated this 4 day of September 2009. By: Bryan Lankhorst, Mayor I, the undersigned authority, do hereby certify that the above Notice of Meeting of the governing body of the City of Kennedale, Texas is a true and correct copy of said Notice and that I posted a true and correct copy of said Notice on the bulletin board of City Hall of said City in Kennedale, Texas, a place convenient and readily accessible to the general public at all times, and said Notice was posted on September 4, 2009 at 7:15 P.M. and remained so posted continuously for at least 72 hours preceding the scheduled time of said Meeting. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services such as interpreters for persons who are deaf or hearing impaired, readers, large print, are requested to contact the City Secretary's Office at (8 17) 985.2104 five (5) work days prior to the meeting so that appropriate arrangements can be made. ` "" KEEP ate this the 4 day of September 2009. k�s r. SS d ® ®0808 _� s • "t,� Q + ° m a � A T r ;�_ Ct U By: Kathy Tu er, TRMC /CMC City Secretary r '� %l ii td111 �� CITY OF KE/V/VEDAZE 405 Municipal Drive, Kennedale, Texas 76060 www.cityofliennedale.com AGENDA KENNEDALE CITY COUNCIL REGULAR MEETING — SEPTEMBER 10, 2009 COUNCIL CHAMBERS WORK SESSION — 5:30 PM REGULAR SESSION — 7:00 PM I. CALL TO ORDER II. ROLL CALL III. WORK SESSION — 5:30 PM A. Discuss vision/mission statement. B. Discuss organizational and governance culture with Greg Innes. C. Discuss and review any item on the agenda, if needed. IV. REGULAR SESSION — 7:00 PM V. INVOCATION VI. US PLEDGE OF ALLEGIANCE VII. TEXAS PLEDGE OF ALLEGIANCE "Honor the Texas Flag; I Pledge Allegiance to Thee, Texas, One State under God; One and Indivisible." VII I. 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. Pagel of 3 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. City Manager B. City Council C. Mayor X. REGULAR ITEMS A. Review and consider action to approve regular meeting minutes dated August 13, 2009, special meeting minutes dated August 27, 2009 and September 3, 2009. B. Public Hearing, Review and Consider action to approve 2008 Consumer Compliance Report on water quality for the City of Kennedale. 1. Staff presentation on the 2008 Consumer Compliance Report 2. Public Hearing 3. Action on 2008 Consumer Compliance Report C. Review and consider action to approve Ordinance No. 437, amending Chapter 17 of the Kennedale City Code (1991), as amended, establishing a Juvenile Case Manager Fund; Providing for the assessment and collection of a Juvenile Case Manager Fee. D. Review and consider action to approve Ordinance No. 438, adding Chapter 16 (Parks, Recreation and Cultural Activities) Article VII (Keep Kennedale Beautiful Commission) of the Kennedale City Code (1991), as amended, creating a Keep Kennedale Beautiful Commission; establishing the qualifications and terms for membership of the commission; providing for the powers and duties of the commission; and providing requirements for the officers, meetings, and voting of members of the commission. E. Review and consider action to approve Ordinance No. 439, adopting 2009- 2010 Fiscal Year Budget. F. Review and consider action to approve Ordinance No. 440, adopting 2009 tax rate of $0.722500 per $100 of taxable value. G. Review and consider action to ratify property tax increase reflected in the budget for Fiscal Year 2009 -2010. Page 2 of 3 XI. EXECUTIVE SESSION A. 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. TownCenter Development 3. Bowman Springs Road Re- alignment properties 4. Sublett Road Re- alignment properties 5. Little School Road Re- alignment properties B. The City Council will meet in closed session pursuant to Section 551.087 of the Texas Government Code to deliberate the offer of a financial or other incentive to a business prospect with which the city is conducting economic development negotiations. XII. RECONVENE INTO OPEN SESSION, AND TAKE ACTION NECESSARY PURSUANT TO EXECUTIVE SESSION, IF NEEDED. XIII. ADJOURNMENT Page 3 of 3 CITY OF KENNEDALE, TEXAS OFFICE OF THE CITY SECRETARY COUNCIL MEETING ROLL CALL DATE: SEPTEMBER 10, 2009 START TIME 6 9 PM END TIME: PM ROLL CALL: CITY STAFF PRESENT: PRESENT ABSENT MAYOR, BRYAN ` LAN KHORST tt� MAYOR PRO TEM JOHN CLARK COU NCILMEMBER �^ BRIAN JOHNSON COU NCILMEMBER JERRY MILLER COU NCILMEMBER KELLY TURNER COU NCILMEMBER DAVID GREEN CITY STAFF PRESENT: PRESENT ABSENT CITY MANAGER BOB HART CITY SECRETARY KATHY TURNER CITY ATTORNEY :': A i . LSON -• JAMES COWEY BUILDING OFFICIAL POLICE CHIEF TOMMY WILLIAMS FIRE CHIEF MIKE MCMURRAY DIR. OF FINANCE SAKURA MOTEN- DEDRICK DIR. PUBLIC WORKS LARRY LEDBETTER PLANNER RACHEL ROBERTS HUMAN RESOURCE DIR CINDY HENRY krfrj To the Honorable Mayor and City Council Date: September 4, 2009 Agenda Item No: III A -C Subject: Work Session Originated by: Bob Hart, City Manager Summary: Work Session a. Discuss vision /mission statement; and b. Discuss organizational and governance culture with Greg Innes; and c. Discuss and review any item on the agenda, if needed. Recommendation: Disposition by Council: i•, i Kennedale is a community that works well together, has a sense of place, is visually and physically connected, has vibrant businesses, and possesses external linka es o provide greater sustainability of community, environment, and commerce. To the Honorable Mayor and City Council Date: September 4, 2009 Agenda Item No: Vill. Subject: Visitor /Citizens Forum Originated by: Kathy Turner, City Secretary Summary: 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. Recommendation: Disposition by Council: CITY OF KENNEG24LE 405 Municipal Drive, Kennedale, Texas 76060 VISITOR/CITIZENS SPEAKER REQUEST FORM W E L C O M E If you wish to address the City Council, a Speaker's Card must be filled out and given to the City Secretary prior to the start of the meeting. Please follow the suggestions listed below: 1. Please read and provide the required information in order that the Mayor may recognize you promptly at the appropriate time on the agenda. 2. Please state your full name and address when you begin your remarks in order that the official minutes will record your appearance before the City Council. 3. Please make sure that your comments are directed towards the Presiding Officer rather than individual Councilmembers or Staff. All speakers must limit their comments to the subject matter as listed on your request and must refrain from using any profane language, and /or personal attacks towards any individual. ......................................... ............................... 1 APPEARANCE BEFORE CITY COUNCIL Date: r` Is the matter you wish to discuss on the agenda? ❑ Yes Agenda Item # ❑ No Has this subject been discussed with any member or administrative staff? ❑ Yes ❑ No If yes, please list name and date: Name of Speaker: Address: Telephone Number: //Z [ Subject: City Resident: 0Yes ❑ No / /, To the Honorable Mayor and City Council Date: September 4, 2009 Agenda Item No: IX. Subject: Reports /Announcements Originated by: Kathy Turner, City Secretary Summary: 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. City Manger B. City Council C. Mayor Disposition by Council: To the Mayor and Council Members Date: September 3, 2008 Agenda Item No: Subject: Eden Road /Mansfield Cardinal Road Sanitary Sewer Extension, Project No. SS05 -012 Originated by: Larry Ledbetter, Director of Public Works Summary: The City of Kennedale and the City of Arlington entered into an Interlocal Agreement approved by Resolution 08122 on April 22, 2008. The Agreement allows for cost sharing in constructing a sanitary sewer line and manholes within sanitary sewer easements along property lines as well as within the right -of -way of Eden Road, Eden Tap Road, Mansfield Cardinal Road and US 287 Business Highway. The proposed sanitary sewer line will be located mainly within the City of Arlington but will also be located within a portion of the City of Kennedale. The City of Kennedale will have access to the sanitary sewer. The Interlocal Agreement amount was not to exceed $140,000 for Kennedale's share of the project. Kennedale's projected cost share amount is $99,174. The project is tentatively scheduled to begin October 2009. Recommendation: No action required Disposition by Council: fi H 75 00 o 1 o w U7 LO Ul o n (n u) N 00 o 0 TT OO M O U7 P` Ol co lQ Qt U') Ol M M .tJ)t- O N [� Ul U) M kO M M' w Ul v O '%P co r l O Ol p H O. QO N U) U7 U7 U) U) U) id M O l0 M O r-1 (— (— N r°I N H O H m r-4 U} U} rl t? 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QO N U) U7 U7 U) U) U) to ,A A U dP r-4 r°I 4 V Ln L O Ln O Ln O _. a N N N N� N N N N N H H ¢ O M ..Y aaaaw>w�w�waa:►aw O u7 U) N i Ol M W ri Lf) rl N O .r"- H U) N M H V� NO H N of r-I Or C a O .r N M U) _. to - rq a a) N A A Q ro ' _ ® fA W 9C J � 4) �J �4 0 X 04 41 O 0 0 ! ✓ to >I al N to v� cn v) v� C!) cq cn Sa 4 I 4 ( cd V) I-I U) m U) tl] u] (a v] U) in (d cd W rd FC HFC w FC FC FC 1� FC 1� J G H H Q Q H H H H H H U U 64 (d e a) v 41 `. N N ► . S-t d4 0 N 00 00 r-4 r I dv, Ln U) LO LO U1 In U) V 'd' LO l9 i M VV M vi M N N M M N O O O O O H H H H r-1 H H H H 00 ' w N N N N N N N N N N N N N N N N 1 H 4 H 9 7; H w U CITY OF KENNEDALE, TEXAS OFFICE OF THE CITY SECRETARY COUNCIL MEETING MINUTE SLIP DATE: SEPTEMBER 10, 2009 REGULAR ITEMS: ITEM NUMBER: X -A MOTION: COUNCIL MEMBERS MOTION SECOND AYE NAY ABSTAIN /ABSENT CLARK JOHNSON MILLER GREEN TURNER ORDINANCE/RESOLUTION NO. CONTRACT /AGREEMENT NO. FAILED FOLLOW UP: CITY SECRETARY'S FOLLOW UP: Sta -Keport To the Honorable Mayor and City Council Date: September 3, 2009 Agenda Item No: X -A. Subject: Approval of Minutes: Regular meeting dated August 13, 2009, and Special meetings dated August 27, 2009 and September 3, 2009 Originated by: Kathy Turner, City Secretary Summary: Attached for Council review and consideration are the meeting minutes for the above noted meeting dates. Recommendation: RECOMMEND APPROVAL Disposition by Council: 3419 MINUTES KENNEDALE CITY CI REGULAR T T 13, 2009 405 MUNICIPAL D ICIPAL BLDG. With a quorum present, Mayor, Bryan Lankhorst called the meeting to order at 5:35 p.m. II. ROLL CALL City Secretary, Kathy Turner called roll with the following person's present/absent: Council present: Bryan Lankhorst John Clark David Green Kelly Turner Jerry Miller Council absent: Brian Johnson Staff present: Bob Hart Wayne K. Olson Kathy Turner Sakura Dedrick Tommy Williams Mike McMurray Larry Ledbetter Larry Hoover Mayor Mayor Pro -Tem, Place 1 Councilmember, Place 2 Councilmember, Place 4 Councilmember, Place 5 Councilmember, Place 3 City Manager Legal Counsel City Secretary Director of Finance Chief of Police Fire Chief Director of Public Works Street Superintendent III. WORK SESSION A. Discuss proposed budget for fiscal year 2009 -2010, certified appraisal roll, and effective and rollback rate calculations; Sakura Moten - Dedrick, Director of Finance reported on the certified appraisal roll, effective and rollback rate calculations, as well as the additional sales tax collection. B. Discuss Storm Water Protection. Larry Hoover, Street Superintendent spoke on the storm water protection ordinance, which prohibits the discharge of pollutants into the city's municipal separate storm sewer system. C. Discuss Drought Contingency and Water Emergency Management Plan. Larry Ledbetter, Director of Public Worlcs addressed the drought contingency and water emergency management plan to reduce water usage to ensure the health and safety of Kennedale citizens. 3420 D. Discuss and review any item on the agenda, if needed. Bob Hart, City Manager advised Council on the need to provide specific language in the proposed QuikTrip PD ordinance to allow for the relocation of an existing billboard sign in order for the new QT structure to be built. Hart indicated that further discussion would ensue during the presentation of the item. Next, 'Mart briefly addressed agenda items O and P in regards to the Atmos Cities Steering Committee negotiated settlement and the continued participation in the committee. No further discussion, Mayor Lankhorst recessed the work session at 6:22 p.m. IV. REGULAR SESSION Mayor, Bryan Lankhorst called the regular session to order at 7:03 p.m. V. INVOCATION Invocation was provided by City Manager, Bob Hart. VI. US PLEDGE OF ALLEGIANCE Mayor Lankhorst led the US Pledge of Allegiance. VII. TEXAS PLEDGE OF ALLEGIANCE "Honor the Texas Flag; I Pledge Allegiance to Thee, Texas, One State under God; One and Indivisible." Mayor Lankhorst led the Texas Pledge of Allegiance. VIII. PRESENTATIONS) A. Mayor Bryan Lankhorst will present certificates to the Kennedale Library 2009 Summer Reading Winners. Mayor Lankhorst presented a Certificate of Achievement to Jonathon Buchanan in recognition for reading 5,765 minutes during the months of June and July 2009, as well as a Toys -R -Us gift certificate. Mayor Lankhorst also presented a Certificate of Achievement to Connor Buchanan in recognition for reading 248 books during the months of June and July 2009, as well as a Toys -R -Us gift certificate. B. Art in the Park update by Felipe Gutierrez, Art Chair. Felipe Gutierrez, Art Chair provided an update on Art in the Park activities, and encouraged anyone who wished to help to come forward, as the committee is still seeking volunteers. 3421 Hollis Matthews, 1252 Elmbrook Dr., Kennedale, TX, spoke to Council during the work session in regards to the city's water system. He recommended that the city budget a stirring device for the water tank to keep chemicals properly mixed, gas chromatograph to measure the gas levels within the tank, and continue the efforts to extend the 16 -inch water line. Matthews expressed his gratitude towards the water department staff for a job well done, and administration and council for the leadership displayed today. Pat Doescher, 1404 Derby Dr., Kennedale, TX, and Chamber of Commerce President announced upcoming Chamber luncheons scheduled for September and October. Doescher indicated that on September 16 the Mayor was scheduled to address the State of the City, and on October 21 Kennedale ISD Superintendent, Gary Dugger was scheduled to address campus demographics and current status of the ISD. Also, Mrs. Doescher inquired about the possibility of hosting a small carnival at the next Kennedale Kar show, and requested feedback from staff and council regarding such. X. REPORTS /ANNOUNCEMENTS A. City Manager 1. Announce City Employee Star Award Winners Bob Hart, City Manager recognized the following City Employee Star Award Winners; Clarence Bullocks, Brian Andrews, Jonathan Brown, J.C. Travis, Mike Lenior, Laura Smith, and Amy Owens. Also, Mr. Hart announced that City Secretary, Kathy Turner had received her Certified Municipal Clerk designation. XI. CONSENT AGENDA Mayor Pro -Tem, John Clark requested item f be removed from consent agenda. A. Review and consider action to approve regular meeting minutes dated July 9, 2009, and budget work session meeting minutes dated August 1, 2009. B. Review and consider action to appoint a Chairman and Vice Chairman to the Planning and Zoning Commission. C. Review and consider action to authorize City Manager to enter into Interlocal Agreement with the City of Fort Worth for rabies control. D. Review and consider action to approve Resolution No. 287, authorizing participating in CDBG -R Funds Project. E. Review and consider action to abolish Labor Day holiday for firefighters, and replace it with September 11. Mayor Pro-Tern Clark moved to approve consent agenda items A through E, second by Councilmember Miller. Motion carried (4 -0). 3422 F. Review and consider action to authorize City Manager to execute Change Order No. 1 for Stormwater Drainage Implementation Contract. Motion by Mayor Pro -Tem Clark to authorize the City Manager to execute Change Order No. 1 for Stormwater Drainage Implementation Contract. Motion carried (4- 0). G. Public Hearing, Review and Consider action on Case #PZ No. 09 -16, regarding a request for a re -plat of approximately 2.0207 acres, as requested by QuikTrip Corporation. The physical addresses of the tracts are: 1203 W. Kennedale Pkwy; 1205 W. Kennedale Pkwy.; 1207 W. Kennedale Pkwy.; 1209 W. Kennedale Pkwy.; 1301 W. Kennedale Pkwy.; 5405 High Ridge Rd.; and a non - addressed parcel on SE Loop 820 belonging to the City of Kennedale, in the City of Kennedale, Tarrant County, Texas. The legal descriptions are Block 4, Lots IA, 2A, 3A, 4, 5A, 6, and 7, Oak Crest Addition; Block 4, Lot 27; and Block 4, Lot 28A -A, Oak Crest Addition, Tarrant County, Texas. 1. Staff presentation of Case #PZ No. 09 -16 Rachel Roberts, Planner gave a quick overview of the present and future use of the property, and said that the re -plat would not pose any conflicts with the city's Comprehensive, Strategic and /or Future Land Use Plans. - Also, Roberts stated that the Planning and Zoning Commission approved the re -plat unanimously. Applicants presentation of Case #PZ No. 09 -16 Jake Petras, Real Estate Project Manager for QuikTrip Corporation replied that it was a pleasure working with the city staff and his company was excited about coming to Kennedale. Public Hearing Mayor Lankhorst opened the public hearing with the following individuals registering in favor: Jake Petras, Real Estate Project Manager for QuikTrip, 1120 N. Industrial Blvd., Euless, TX 76039; Cheralyn Armijo, representing Glenn Engineering Corporation, Civil Engineer for QuikTrip, 105 Decker Ct. #910, Irving, TX 75062; and Jake Barron, Real Estate Manager for QuickTrip Corporation, 1120 N. Industrial Blvd., Euless, TX 76039. No other persons registered to speak on Case #PZ No. 09 -16, Mayor Lankhorst closed the public hearing at 7:27 p.m. 4. Staff response and summary of Case #PZ No. 09 -16 Councilmember Miller inquired about the sale of sexually explicit material in a Planned Development District. Legal Counsel advised that the current action was on the re -plat of the property; however the PD district did not prohibit the sale of such materials. 3423 5. Applicants response and summary of Case #PZ No. 09 -16 Mr. Petras indicated that QuikTrip has a corporate standard that pornographic material is not sold in any of their corporate locations. 6. Action on Case #PZ No. 09 -16 Motion by Councilmember Turner to approve Case #PZ No. 09 -16, re -plat to Lot 1R, Block 4, Oak Crest Addition, second by Councilmember Green. Motion carried (4 -0). H. Public Hearing, Review and Consider action on Ordinance No. 433, Case #PZ No. 09 -17, a request for re- zoning of approximately 1.643 acres from C -1 Restricted Commercial to Planned Development, as requested by QuikTrip Corporation. The physical addresses of the tracts are 1203 W. Kennedale Pkwy; 1205 W. Kennedale Pkwy.; 1207 W. Kennedale Pkwy.; 1209 W. Kennedale Pkwy.; 1301 W. Kennedale Pkwy.; 5405 High Ridge Rd.; and a noii- addressed parcel on SE Loop 820 belonging to the City of Kennedale in the City of Kennedale, Tarrant County, Texas. The legal descriptions are Block 4, Lots IA, 2A, 3A, 4, 5A, 6, and 7; Oak Crest Addition, Block 4, Lot 27, Oak Crest Addition; and Block 4, Lot 28A -A, Oak Crest Addition, Tarrant County, Texas. Staff presentation of Case #PZ No. 09 -17 Rachel Roberts, Planner advised that QuikTrip initiated the application for Planned Development re- zoning to make it feasible for the establishment on the subject site. She indicated that the use could hasten the elimination of unsightly, unwanted current uses, and provide sales tax, which would be lost through the closure of the existing businesses. Roberts indicated that the proposed business complies with the Comprehensive, Strategic and /or Future Land Use Plans, and that QuikTrip was willing to place a Welcome to Kennedale monument sign on the property to assist with the gateway entrance to the City. Next, Roberts addressed the perspective view of the QuikTrip, gas canopy elevations, and building elevations, all of which would count as guidelines and are part of the proposed ordinance. She then went on to explain the recommended changes to the proposed QTPDD ordinance which included the following: (1) Revoke all references to Lot 2;_ (2) Change Section 2.6. Setbacks to read "Notwithstanding the requirements of Section 17 -405 of the Kennedale City Code regarding required front yard, rear yard, side yard - interior lot, and side yard - corner lot setbacks for "C -1" Restricted Commercial District Zoning, the Planned Development zoning herein approved shall require the following minimum setbacks (in feet): a. Front setbacks shall be a minimum of twenty -five (25) feet. b. Rear setbacks shall be a minimum of five (5) feet. c. Side setbacks shall be a minimum of ten (10) feet. ( 3) Change Section 2.8. Parking to read "Parking areas shall be constructed of asphalt or reinforced concrete and shall have a minimum of 35 parking spaces. (4) Change Section 2.15. Sidewalks to read "Sidewalks shall 3424 provide public access to QTPDD from Business Highway 287 and shall be constructed according to standards required by the City of Kennedale Code of Ordinances. "; and (5) Amend the site plan to authorize the relocation of the existing billboard on the property provided that the relocated sign shall not exceed the existing height or existing sign face area. A permit may be issued for the relocated sign to be renovated to a single pole and other improvements may be made to the sign provided that the existing lease term is not extended. Councilmember Miller inquired about bricking the columns under the canopy. Ms. Roberts indicated that the issue was discussed and QuikTrip found bricking the columns to be cost prohibited. A discussion ensued between Jake Petras, Real Estate Project Manager for QuikTrip and the city council in regards to the brick columns. City Council indicated that they would prefer the brick columns as the property was the focal point and entrance to the City, and it would set the tone for future development to follow. It was suggested that the City could work with QuikTrip on the sign monument in return for the brick columns. Also, it was suggested that the KEDC might be able to provide assistance with the improvements. Mr. Petras replied that he could see that the brick columns were an important aspect of the Council's vision for the City, and would provide the brick - columns. 2. Applicants presentation of Case #PZ No. 09 -17 Jake Petras, Real Estate Project Manager for QuikTrip indicated that they are happy to be coming to Kennedale and creating a great partnership with the City and the development is a win -win situation for both parties. Public Hearing Mayor Lankhorst opened the public hearing with the following individuals registering in favor: Jake Petras, Real Estate Project Manager, 1120 N. Industrial Blvd., Euless, TX 76039; Cheralyn Armijo, representing Glenn Engineering Corporation, Civil Engineer for QuikTrip, 105 Decker Ct. #910, Irving, TX 75062; and Jake Barron, Real Estate Manager for QuickTrip Corporation, 1120 N. Industrial Blvd., Euless, TX 76039. No other persons registered for or against Case #PZ No. 09 -10, Mayor Lankhorst closed the public hearing at 8:07 p.m. 4. Staff response and summary of Case #PZ No. 09 -17 No additional comments were provided. 5. Applicants response and summary of Case #PZ No. 09 -17 No addition comments were provided. 3425 6. Action on Case #PZ No. 09 -17 Motion by Mayor Pro -Tem, John Clark to approve Ordinance No. 433, Case #PZ No. 09 -17 as amended by legal counsel contingent upon the following changes: 1. Include language as approved by legal counsel that the provisions of the Interstate 20/Loop 820 Overlay District and Section 17 -420 of the City of Kennedale Code of Ordinances does not apply to the QTPDD; 2. Correct reference to the legal description to reference descriptor to Lot 1 R; 3. Revoke all references to Lot 2; 4. Change Section 2.6. Setbacks to read "Notwithstanding the requirements of Section 17 -405 of the Kennedale City Code regarding required front yard, rear yard, side yard — interior lot, and side yard — corner lot setbacks for "C -1" Restricted Commercial District zoning, the Planned Development zoning herein approved shall require the following minimum setbacks (in feet): a. Front setbacks shall be a minimum of twenty -five (25) feet. b. Rear setbacks shall be a minimum of five (5) feet. c. Side setbacks shall be a minimum often (10) feet. 5. Change Section 2.8. Parking to read "Parking areas shall be constructed of asphalt or reinforced concrete and shall have a minimum of 35 parking spaces."; and 6. Change Section 2.15. Sidewalks to read "Sidewalks shall provide public access to QTPDD from Business Highway 287 and shall be constructed according to standards required by the City of Kennedale Code of Ordinances. "; and 7. Amend the site plan to authorize the relocation of the existing billboard on the property provided that the relocated sign shall not exceed the existing height or existing sign face area. A permit may be issued for the relocated sign to be renovated to a single pole and other improvements may be made to the sign provided that the existing lease term is not extended. Motion second by Councilmember Turner with all members present voting in favor. Motion carried (4 -0). Public Hearing, Review and Consider action on Case #PZ No. 09 -18, regarding a request for a re -plat of approximately 7.649 acres, as requested by the Kennedale Economic Development Corporation. The physical addresses of the tracts of land are 107 W. Kennedale Pkwy.; 109 W. Kennedale Pkwy.; 223 W. Kennedale Pkwy.; and right -of -way being known as Municipal Drive. The legal descriptions are more particularly described as Lots 1, 2, 3, and a portion of Lot 4, Block A, Kennedale Retail Center Addition, in the City of Kennedale, Tarrant County, Texas, and right -of -way being known as Municipal Drive and being a strip of land located in the Canzada Rose Survey, Abstract 1285, Kennedale, Tarrant County, Texas. 3426 Staff presentation of Case #PZ No. 09 -18 Rachel Roberts, Planner indicated that the re -plat was being brought before Council to allow for the development of the TownCenter. Roberts indicated that the development would be in phases, and that the development did not conflict with the Comprehensive, Strategic, and /or Land Use Plans. Roberts reported the Planning and Zoning Commission approved the re -plat unanimously. 2. Applicants presentation of Case #PZ No. 09 -18 No additional presentation was required. Public Hearing Mayor Lankhorst opened the public hearing with the following individual registering in favor: Craig Barnes, representing Shield Engineering for the TownCenter Project, 1011 Switchyard St., Fort Worth, TX 76107. No other persons registered to speak on Case #PZ No. 09 -18, Mayor Lankhorst closed the public hearing at 8:07 p.m. 4. Staff response and summary of Case #PZ No. 09 -18 No additional staff response and /or summary were provided. Applicants response and summary of Case #PZ No. 09 -18 No additional applicant response and /or summary were provided. Action on Case #PZ No. 09 -18 Motion by Councilmember, Kelly Turner to approve Case #PZ No. 09 -18, re -plat to Lots 1R through 4R, and Lots 5 through 8, Block A, Kennedale Retail Addition, second by Councilmember, David Green. Motion carried (4 -0). Public Hearing, Review and Consider action on Ordinance No. 434, Case #PZ No. 09 -19, a request for re- zoning of approximately 7.649 acres from C -1 Restricted Commercial to Kennedale TownCenter PD, as requested by the Kennedale Economic Development Corporation. The physical addresses of the tracts of land are 107 W. Kennedale Pkwy.; 109 W. Kennedale Pkwy.; 223 W. Kennedale Pkwy.; and right -of -way being known as Municipal Drive. The legal descriptions are more particularly described as Lots 1, 2, 3, and a portion of Lot 4, Block A, Kennedale Retail Center Addition, in the City of Kennedale, Tarrant County, Texas, and right -of -way being known as Municipal Drive and being a strip of land located in the Canzada Rose Survey, Abstract 1285, Kennedale, Tarrant County, Texas. 3427 Staff presentation on Case #PZ No. 09 -19 Rachel Roberts, Planner addressed the re- zoning application brought forward by the Economic Development Corporation, and indicated that the Planning and Zoning Commission voted to approve the rezoning request with four members in favor and two members and Chairman Hunn abstaining. 'In addition, Ms. Roberts reported that staff recommended approval of the rezoning with the additional changes: 1. Add a provision that all final designs for the site must be approved by the Municipal Management District, and 2. Remove tire sales, repair and installation from the permitted uses, and 3. Change the numbering of vi. Commercial uses to reflect iv. Commercial uses. 2. Public Hearing Mayor Lankhorst opened the public hearing with the following individual registering in favor: Craig Barnes, representing Shield Engineering for the TownCenter Project, 1011 Switchyard St., Fort Worth, TX 76107. No other persons registered to speak on Case #PZ No. 09 -19 Mayor Lankhorst closed the public hearing at 8:01 p.m. 3. Staff response and summary of Case # PZ No. 09 -19 Mayor Lankhorst questioned the elevation of the property as it sits on a hill, and if grading was going to take place on the property. Craig Barnes, Engineer with Shield Engineering Group indicated that the development would tie in with the grade of the property, and very little re- grading would take place. Councilmember Turner inquired about the workings of the overlay district. Legal Counsel replied that the PD Ordinance would supersede the overlay district. A brief question and answer period ensued on the uses in the PD Ordinance. 4. Action on Case #PZ No. 09 -19 Mayor Pro -Tem, John Clark moved to approve Ordinance No. 434, Case #PZ No. 09 -19, re- zoning of Lots 1R through 4R, and Lots 5 through 8, Block A, Kennedale Retail Addition as presented subject to the following amendments: 1. Include language as approved by legal counsel that the provisions of the Business 287 Overlay District do not apply to the KTCPDD; 2. References to the legal descriptions will comply with the newly platted lots (Lots 1R, 2R, 3R, 4R, and Lots 5 through 8, Block A, Kennedale Retail Addition); 3428 3. Amend Section 3. 1. to read Sexually Oriented Businesses, as defined in Section 11 -203 of the City of Kennedale Code of Ordinances, including the sale of any sexually explicit material, are hereby prohibited. 4. Correct the numbering of vi. Commercial uses to reflect "iv. Commercial uses" under Section 3. 1. c 5. Under the same provision of Section 3. 1. c. iv. Commercial Uses strike tire sales, repair & installation, and strike references to paint ball sports and survival games; '6. Add new Section 20. to Section 3. 1. c. to provide that the Municipal Management District approves all final design elements for the site. Motion second by Councilmember Miller with all members present voting in favor. Motion carried (4 -0). K. Public Hearing, Review and Consider action to approve Ordinance No. 435, an Ordinance of the City of Kennedale amending Chapter 23, Article VI, of the Kennedale City Code (1991), as amended; amending the Drought Contingency and Water Emergency Management Plan to reduce water usage to ensure the health and safety of Kennedale citizens. Staff presentation Larry Ledbetter, Director of Public Works explained that the Texas Commission on Environmental Quality requires Drought Contingency /Water Emergency Management Plans to be udpated every five years. Ledbetter said that the City of Fort Worth updated their plan, and in accordance with TCEQ requirements and water contractual agreements with the City of Fort Worth, Kennedale was now doing so. 2. Public Hearing No persons registered to speak for or against the Drought Contingency /Water Emergency Management Plan and Mayor Lankhorst closed the public hearing at 8:22 p.m. 3. Staff response No additional staff comments were provided. 4. Action on Ordinance No. 435 Motion by Councilmember Green to approve Ordinance No. 435, an Ordinance of the City of Kennedale amending Chapter 23, Article VI, of the Kennedale City Code (1991), as amended; amending the Drought Contingency and Water Emergency Management Plan to reduce water usage to ensure the health and safety of Kennedale citizens, second by Councilmember Turner. Motion carried (4 -0). L. Review and consider action to approve Ordinance No. 431, an ordinance of the City of Kennedale, Texas, adopting a new Article VII "Storm Water Protection" in Chapter 23 of the Kennedale Code of Ordinances (1991), as amended, prohibiting the discharge of pollutants into the city's municipal separate storm sewer system. 3429 Motion by Councilmember Turner to approve Ordinance No. 431, an ordinance of the City of Kennedale, Texas, adopting a new Article VII "Storm Water Protection" in Chapter 23 of the Kemnedale Code of Ordinances (1991), as amended, prohibiting the discharge of pollutants into the city's municipal separate storm sewer system, second by Councilmember Green. Motion carried (4 -0). M. Review and consider action to approve Ordinance No. 432, an ordinance of the City, of Kennedale, Texas, repealing Article IV of Chapter 17 "Flood Damage Prevention" of the Kennedale City Code (1991), as amended by replacing it with a new article IV in Chapter 17 "Flood Damage Prevention ", which adopts new Federal Emergency Management Agency Flood Prevention Standards. Motion by Councilmember Green to approve Ordinance No. 432, an ordinance of the City of Kennedale, Texas, repealing Article IV of Chapter 17 "Flood Damage Prevention" of the Kennedale City Code (1991), as amended by replacing it with a new article IV in Chapter 17 "Flood Damage Prevention ", which adopts new Federal Emergency Management Agency Flood Prevention Standards, second by Councilmember Turner. Motion carried (4 -0). N. Review and consider action to approve Resolution No. 288 to approve a placement of a proposal on the September 10, 2009 agenda to adopt a 2009 tax rate that will exceed the lower of the rollback rate or the effective tax rate, and the calling of public hearings to be held on August 27, 2009 and September 3, 2009. Motion by Mayor Pro -Tem Clark to approve Resolution No. 288 to approve a placement of a proposal on the September 10, 2009 agenda to adopt a 2009 tax rate that will exceed the lower of the rollback rate or the effective tax rate, and the calling of public hearings to be held on August 27, 2009 and September 3, 2009, second by Councilmember Miller. Motion carried (4 -0). O. Review and consider action to approve Ordinance No. 436, approving a negotiated resolution between the Atmos Cities Steering Committee ( "ACSC" or Steering Committee) and Atmos Energy Corp., Mid -Tex Division regarding the company's rate review mechanism filing. Motion by Mayor Pro -Tem Clark to approve Ordinance No. 436, approving a negotiated resolution between the Atmos Cities Steering Committee ( "ACSC" or Steering Committee) and Atmos Energy Corp., Mid -Tex Division regarding the company's rate review mechanism filing, second by Councilmember Turner. Motion carried (4 -0). P. Review and consider action to approve Resolution No. 289, authorizing continued participation with the Atmos Cities Steering Committee; and authorizing the payment of 2 cents per capita to the Atmos Cities Steering Committee to fund regulatory and related activities related to Atmos Energy Corporation. Motion by Councilmember Turner to approve Resolution No. 289, authorizing continued participation with the Atmos Cities Steering Committee; and authorizing the payment of 2 cents per capita to the Atmos Cities Steering Committee to fund regulatory and related activities related to Atmos Energy Corporation, second by Councilmember Green. Motion carried (4 -0). No further discussion, Mayor Lankhorst entered into executive session at 8:25 p.m. 3430 XIII. 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. 1. Brenda L. Santos Cantu vs. City of Kennedale 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. TownCenter Development 3, Bowman Springs Road Re- alignment properties 4. Sublett Road Re- alignment properties 5. Little School Road Re- alignment properties C. The City Council will meet in closed session pursuant to Section 551.087 of the Texas Government Code to deliberate the offer of a financial or other incentive to a business prospect with which the city is conducting economic development negotiations. XIV. RECONVENE INTO OPEN SESSION, AND TAKE ACTION NECESSARY PURSUANT TO EXECUTIVE SESSION, IF NEEDED. Mayor Lankhorst reconvened into open session at 9:40 p.m. with no action necessary on executive session items. XV. ADJOURNMENT There being no further discussion, Mayor Lankhorst asked for a motion to adjourn. Councilmember Green so moved, and Councilmember Miller seconded the motion with all members present voting in favor. Motion carried (4 -0). Meeting adjourned at 9:41 p.m. APPROVED: Mayor, Bryan Lankhorst ATTEST: Kathy Turner, City Secretary 3431 MINUTES KENNEDALE CITY � CIL SPECIAL T G 27, 2009 MUNICIPAL UNICIPAL D I UNICIPAL BLDG. 11 ", • 1 With a quorum present, Mayor Bryan Lankhorst called the special meeting to order at 7:00 p.m. H. ROLL CALL City Secretary, Kathy Turner called roll with the following person's present/absent: Council present: Bryan Lankhorst John Clark Brian Johnson Kelly Turner Jerry Miller Council absent: David Green Staff present: Bob Hart Cindy Henry Kathy Turner Sakura Dedrick Tommy Williams Mike McMurray Larry Ledbetter Mayor Mayor Pro -Tem, Place 1 Councilmember, Place 3 Councilmember, Place 4 Councilmember, Place 5 Councilmember, Place 2 City Manager HR Director /Asst. to City Manager City Secretary Director of Finance Chief of Police Fire Chief Director of Public Works III. PUBLIC HEARINGS A. To receive citizens' comments on proposed 2009 tax rate of $0.722500 per $100 of taxable value. Staff presentation Bob Hart, City Manager provided a power point presentation reflecting the recommended tax rate of $0.722500 per $100 of taxable value, consolidated tax rates between the various taxing entities, personnel summary, and cost efficiencies. Also, Hart indicated that no pay raises would be issued for employees in the 2009 -2010 budget. 2. Public Hearing Mayor Lankhorst opened the public hearing with the following individuals registering in opposition to the proposed 2009 tax rate of $0.722500 per $100 of taxable value: Randy Roller, 920 Greenfield Ct., Kennedale, TX 76060; 3432 Chris P. Rogenski, 701 Shady Creek Dr., Kennedale, TX 76060; and Vinita Thomas, 412 W. 3rd St., Kennedale, TX 76060. Close public hearing; announce second required public hearing on the proposed 2009 tax rate (September 3, 2007 at 7:00 PM; City Hall Council Chambers) and announce date, time, and location of the meeting at which Council will vote on the tax rate (September 10, 2009; 7:00 PM; City Hall Council Chambers, 405 Municipal Drive, Kennedale, TX. Mayor Lankhorst closed the public hearing at 7:38 p.m. He then announced that a second public hearing on the proposed tax rate was scheduled for Thursday, September 3rd in the Council Chambers at 7:00 p.m., and announced that the City Council would vote on the proposed tax rate on September 10, 2009 at 7:00 p.m., in the Council Chambers located at 405 Municipal Dr., Kennedale, TX 76060. B. To receive citizens' comments on the proposed budget for Fiscal Year 2009 -2010. Staff presentation Bob Hart, City Manager provided a power point presentation on the 2009- 2010 recommended budget, which highlighted the general fund, street improvement fund, utility operating fund, citizen communication, transportation, parks and recreation, beautification, economic development, water and wastewater fund, and stormwater drainage utility fund. 2. Public Hearing Mayor Lankhorst opened the public hearing with the following individual registering in opposition to the proposed budget for fiscal year 2009 -2010: Chris P. Rogenski of 701 Shady Creels Dr., Kennedale, TX 76060. 3. Close public hearing Mayor Lankhorst closed the public hearing after no other persons registered for or against the 2009 -2010 fiscal year budget at 7:48 p.m. There being no further discussion, Mayor Lankhorst recessed the meeting at 7:49 p.m., to enter into executive session. IL A. 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: Bowman Springs Road Re- alignment properties V. RECONVENE INTO OPEN SESSION, AND TAKE ACTION NECESSARY PURSUANT TO EXECUTIVE SESSION, lF NEEDED. It was noted that Councilmember Johnson departed the meeting prior to reconvening into open session at 8:02 p.m. 3433 Mayor Bryan Lankhorst reconvened into open session at 8:05 p.m., with no action on executive session. 1 � ' There being no further discussion, Mayor Lankhorst asked for a motion to adjourn. Mayor Pro -Tern Clark so moved, and Councilmember Miller seconded the motion with all members present voting in favor. Motion carried (3 -0). Meeting adjourned at 8:06 p.m. APPROVED: Mayor, Bryan Lankhorst ATTEST: Kathy Turner, City Secretary 3434 SPECI 405 MUNICIP I. CALL TO ORDER X09 AL BLDG. With a quorum present, Mayor Bryan Lankhorst called the special meeting to order at 7:00 p.m. II. ROLL CALL City Secretary, Kathy Turner called roll with the following person's present /absent: Council present: Bryan Lankhorst Mayor John Clark Mayor Pro -Tem, Place 1 David Green Councilmember, Place 2 Brian Johnson Councilmember, Place 3 Jerry Miller Councilmember, Place 5 Council absent: Kelly Turner Councilmember, Place 4 Staff present: Bob Hart City Manager Kathy Turner City Secretary Sakura Dedrick Director of Finance Mike McMurray Fire Chief III. PUBLIC HEARINGS A. To receive citizens' comments on proposed 2009 tax rate of $0.722500 per $100 of taxable value. 1. Staff presentation Bob Hart, City Manager reported on the proposed tax rate of $0.722500 per $100 of taxable value, and September certification value. 2. Public Hearing No persons registered to speak for or against the proposed tax rate of $0.722500 per $100 of taxable value. 3. Close public hearing; announce date, time, and location of the meeting at which Council will vote on the tax rate (September 10, 2009; 7:00 PM; City Hall Council Chambers, 405 Municipal Drive, Kennedale, TX. 3435 Mayor Lankhorst closed the public hearing at 7:03 p.m. He then announced that the City Council would vote on the proposed tax rate on September 10, 2009 at 7:00 p.m., in the Council Chambers located at 405 Municipal Dr., Kennedale, TX 76060. IV. EXECUTIVE SESSION — NO EXECUTIVE SESSION WAS HELD A. 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. Bowman Springs Road Re- alignment properties 2. Sublett Road Re- alignment properties 3. Little School Road Re- alignment properties V. RECONVENE INTO OPEN SESSION, AND TAKE ACTION NECESSARY PURSUANT TO EXECUTIVE SESSION, IF NEEDED. VI. ADJOURNMENT There being no further discussion, Mayor Lankhorst asked for a motion to adjourn. Councilmember Green so moved, and Mayor Pro -Tem Clarl, seconded the motion with all members present voting in favor. Motion carried (4 -0). Meeting adjourned at 7:10 - p.m. APPROVED: Mayor, Bryan Lankhorst ATTEST: Kathy Turner, City Secretary CITY OF KENNEDALE, TEXAS OFFICE OF THE CITY SECRETARY COUNCIL MEETING MINUTE SLIP DATE: SEPTEMBER 10, 2009 REGULAR ITEMS: ITEM NUMBER: X -B MOTION: COUNCIL MEMBERS MOTION SECOND AYE NAY ABSTAIN /ABSENT CLARK JOHNSON MILLER GREEN TURNER ORDINANCE/RESOLUTION NO. CONTRACT /AGREEMENT NO. FOLLOW UP: CITY SECRETARY'S FOLLOW UP: I Rmffl �80 FAILED 1 , 1 01VIT - 31 Date: September 10, 2008 Subject: Review and Consider action to approve the 2008 Drinking Water Quality Report for the City of Kennedale. • WT. .- Summary: The Texas Commission on Environmental Quality requires all water purveyors both Public and Private to notify all Users of Water Quality in their system on an annual basis. The 2008 Annual Water Quality Report was mailed to all water accounts and is available at City Hall and on the City of Kennedale website. The Annual Public Hearing is also a TCEQ requirement. Our Drinking Water Meets or Exceeds All Federal (EPA) Drinking Water Requirements. Recommendation: Staff recommends approval of the 2008 Annual Drinking Water Quality Report. CITY OF KENNEDALE Municipal Building STANDARD 405 Municipal Dr. PERMIT #1 Kennedale, TX 76060 KENNEDALE Phone: 817.985.2100 Fax: 817.483.0720 www.cityofkennedale.com Resident /Occupant Kennedale, TX 76060 Special Notice for the ELDERLY, INFANTS, CANCER PATIENTS, people with HIV /AIDS or other immune problems: Some people may be more vulnerable to contaminants in drinking water than the general population. Immuno-compromised persons such as persons with cancer undergoing chemotherapy, persons who have undergone organ transplants, people with HIV /AIDS or other immune system disorders, some elderly, and infants can be particularly at risk from infections. These people should seek advice about drinking water from their health care providers. The EPA /Centers for Disease Control and Prevention (CDC) guidelines on appropriate means to lessen the risk of infection by Cryptosporidium and other microbialcontaminants are available from the Safe Drinking Water Hotline (1- 800-426 Public Participation Opportunities There will be a public presentation of the material contained in this pamphlet followed by a question and answer session on the date below. Date: September 10, 2009 Time: 7:00 pm Location: City Hall, 405 Municipal Dr. Phone No: 817.985.2122 Our Drinking Water Meets or Exceeds All Federal (EPA) Drinking Water Requirements This report is a summary of the quality of the water we provide our customers. The analysis was made by using the data from the most recent U.S. Environmental Protection Agency (EPA) required tests and is presented in the attached pages. We hope this information helps you become more knowledgeable about what's in your drinking water. WATER SOURCES: The sources of drinking water (both tap water and bottled water) include rivers, lakes, streams, ponds, reservoirs, springs, and wells. As water travels over the surface of the land or through the ground, it dissolves naturally - occurring minerals, and in some cases, radioactive material, and can pick up substances resulting from the presence of animals or from human activity. Contaminants that may be present in source water before treatment include: microbes, inorganic contaminants, pesticides, herbicides, radioactive contaminants, and organic chemical contaminants. En Espanol Este reporte incluye informacion importante sobre el agua potable. Para ayuda en espanol, favor de Ilamar al telefono 817-985 -2163 Ext 2227 y pregunte por Dianna Garcia. Where do we get our drinking water? Kennedale drinking water during 2008 consisted of 87 percent 'ROUND and 13 percent SURFACE water. Kennedale has six wells .nat pull GROUND water from the Trinity aquifer (TWIN MTS, TRAVIS PEAK and PALUXY). We also purchase treated SURFACE water from the City of Fort Worth that they obtain from Lake Bridgeport, Eagle Mountain Lake, Lake Worth, Benbrook Lake, Cedar Creek Reservoir and Richland- Chambers Reservoir. Since Fort Worth and Kennedale water sources are different, the treatment /disinfection process is different. The City of Kennedale began mixing the different water sources in May 2008. Kennedale utilizes free chlorine as a disinfectant whereas Fort Worth utilizes chloramines. Chloramines are a combination of chlorine and ammonia and are used as a disinfectant in most surface waters. The addition of chloramines may cause problems to persons dependent on dialysis machines. A condition known as hemolytic anemia can occur if the disinfectant is not completely removed from the water that is used for the dialysate. Consequently, the pretreatment scheme used for the dialysis units must include some means, such as charcoal filtering, for the removal of chloramines. If you are utilizing a dialysis machine, please contact the manufacturer for information concerning this matter. In addition, chloramines in certain concentrations may be toxic to fish. If you have a fish tank, please make sure that the chemicals or filters you are using are designed for use in water that has been treated with chloramines. Your local pet store is a good source of information on its topic along with the appropriate reagents for neutralizing chloramines. A Source Water Susceptibility Assessment was conducted by the TCEQ in 2003. Both Fort Worth and Kennedale water systems are susceptible to some contaminants, using criteria developed by TCEQ in its federally approved source water assessment program. The assessment report consists of maps showing the assessment area, an inventory of known land use activities of concern and documentation of specific contaminants of concern. The reports are available for review at the Fort Worth Water Department office, 1000 Throckmorton St., and the Kennedale Water Department office, 923 Kennedale Parkway, respectively. ALL drinking water may contain contaminants. When drinking water meets federal standards there may not be any . health based benefits to purchasing bottled water or point of use devices. Drinking water, including bottled water, may reasonably be expected to contain at least small amounts of some contaminants. The presence of contaminants does not necessarily indicate that water poses a health risk. More information about contaminants and potential health effects can be obtained by calling the EPA's Safe Drinking Water Hotline (1- 800-426-4791). Secondary Constituents Many constituents (such as calcium, sodium, or iron) which are often found in drinking water, can cause taste, color, and odor problems. The taste and odor constituents are called secondary constituents and are regulated by the State of Texas, not the EPA. These constituents are not causes for health concern. Secondary constituents are not required to be reported in this document but they may greatly affect the appearance and taste of your water. About The Following Pages The pages that follow list all of the federally regulated or monitored contaminants which have been found in your drinking water. The U.S. EPA requires water systems to test for up to 97 contaminants. Abbreviations and Definitions Maximum Contaminant Level (MCL) The highest permissible level of a contaminant in drinking water. MCLs are set as close to the MCLGs as feasible using the best available treatment technology. Maximum Contaminant Level Goal (MCLG) The level of a contaminant in drinking water below which there is no known or expected health risk. MCLGs allow for a margin of safety. Maximum Residual Disinfectant Level (MRDL) The highest level of disinfectant allowed in drinking water. There is convincing evidence that addition of a disinfectant is necessary for control of microbial contaminants. Maximum Residual Disinfectant Level Goal'(MRDLG) The level of a drinking water disinfectant below which there is no known or expected risk to health. MRDLGs do not reflect the benefits of the use of disinfectants to control microbial contamination. Treatment Technique (TT) A required process intended to reduce the level of contaminant in drinking water. Action Level (AL) The concentration of a contaminant which, if exceeded, triggers treatment or other requirements which a water system must follow. NTU 'Nephelometric Turbidity Units MFL million fibers per liter (a measure of asbestos) pCi /L picocuries per liter (a measure of radioactivity) ppm parts per million, or milligrams per liter (mg /L) ppb parts per billion, or micrograms per liter( —g /L) City For Worth Surface Water Analysis Resuffis Inorganic 1, `a Year Contaminant Average Minimum Maximum MCL MCLG Unit of Source of Contaminant (Range) Level Level Level Measure Byproduct of drinking water disinfection. 2008 fluoride 0.65 0.52 0.65 4 4 ppm Erosion of natural deposits; water additive erosion of natural deposits. 2005 Copper 0.457 0 1.3 which promotes strong teeth; discharge Corrosion of household plumbing systems; erosion of from fertilizer and aluminum factories. 2008 Nitrate 0.28 0.11 0.28 10 10 ppm Runoff from fertilizer use; leaching from septic tanks, sewage; erosion of natural deposits. 2008 Nitrite 0.038 0.0 0.038 1 1 ppm Runoff from fertilizer use; leaching from septic tanks, sewage; erosion of natural deposits. 2005 Beta particles & 6.6 4.6 6.6 50 0 pCi /L Decay of natural and man -made deposits. photon emitters Organic Contaminants TESTING REQUIRED EVERY 6 YEARS Maximum Residual Disinfectant Level Year Disinfectant Average Level Minimum Maximum MRDL MRDLG Unit of Source of Chemical (Range) Level Level Measure 2008 Chloramine 3.4 1.4 4.3 4.0 < 4.0 ppm Disinfectant used to control microbes. Disinfection Byproducts Contaminant 2008 Level Minimum Maximum MCL Unit of Source of Contaminant Level Level Measure Level Total Haloacetic Acids 301 12.7 30.1 60 ppb Byproduct of drinking water disinfection. Total Trihalomethanes 52.2 23.6 52.2 80 ppb Byproduct of drinking water disinfection. Initial Distribution System Evaluation Contaminant Average Minimum Maximum Measure Source of Contaminant Total Haloacetic Acids 6.69 0 42.7 ppb This evaluation is a one-time study conducted by water systems to identify' distribution system locations with high concentrations of total trihalomethanes and haloacetic acids. EPA will use these results for Total Trihalomethanes 19.3 3.4 80 ppb future regulations. EPA requires the data be included in this report. These samples are not used for compliance. The table above indicates the compliance sampling data for these two contaminants. Lead and Copper Year (Range) Contaminant The 90th Number of Sites Action Unit of Source of Contaminant Percentile Exceeding Action Level Level Measure 2005 Lead 2.4 0 15 ppb Corrosion of household plumbing systems; erosion of natural deposits. 2005 Copper 0.457 0 1.3 ppm Corrosion of household plumbing systems; erosion of natural deposits; leaching from wood preservatives. Turbidity vear (Range) Contaminant Highest Single Lowest Monthly % of Turbidity Limits Unit of Source of Contaminant Measurement Samples Meeting Limits Measure 2008 Turbidity 0.23 100.0 0.3 NTU Soil runoff. i W-i , f Year Contaminant Highest Monthly Number MCL Unit of Source of Contaminant of Positive Samples Measure 2008 Total Coliform Bacteria 1 Presence Naturally present in the environment. * Presence of coliform bacteria in 5% or more of the monthly samples. Fecal Coliform REPORTED MONTHLY TESTS FOUND NO FECAL COLIFORM BACTERIA. Cryptosporidium Monitoring Information Tarrant Regional Water District testing of Fort Worth's source water lakes in 2008 revealed low levels of Cryptosporidium, Giardia lamblia and viruses. These are microscopic organisms common in surface water. Required levels of inactivation are achieved by Fort Worth through disinfection and filtration. When ingested, Cryptosporidium and Giardia lamblia can cause diarrhea, cramps and fever. Infants, some elderly or immunocompromised persons, such as those undergoing chemotherapy for cancer, those who have undergone organ transplants, those who are undergoing treatment with steroids and people with HIV /AIDS or other immune system disorders can be particularly at risk from infections. Seek advice about your drinking water from your physician or health care provider. Additional Parameters chart lists other items for which the water is tested. These items do not relate to public health but rather to the aesthetic effects. These items often important to industrial users. Item Unit of Measure 2008 Level Bicarbonate ppm 94 to 144 Calcium ppm 74 to 159 Chloride ppm 16 to 26 Conductivity ji mhos /m 324 to 480 PH units 8.3 to 8.4 Magnesium PPM 3 to 10 Sodium ppm 11 to 27 Sulfate ppm 22 to 42 Total Alkalinity as CaCO3 ppm 94 to 144 Total Dissolved Solids ppm 185 to 264 Total Hardness as CaCO3 ppm 120 to 185 Total Hardness in Grains grains/ gallon 7 to 11 City of Kennedale Groundwater Analysis Results .norganic Contaminants Year Contaminant Average Minimum Maximum MCL MCLG Unit of Source of Contaminant (Range) Level Level Level Measure 2005 2008 Fluoride 1.76 1.48 2.14 4 4 ppm Erosion of natural deposits; water additive which promotes strong teeth; discharge from fertilizer and aluminum factories. 2007 2008 Nitrate 0:09 0 0.24 10 10 ppm ' Runoff from fertilizer use; leaching from septic tanks, sewage; erosion of natural deposits. 2005 Gross Beta Emitters 4.85 3.5 5.4 50 0 pCi /L Decay of natural and man-made deposits. Organic Contaminants TESTING REQUIRED EVERY 6 YEARS Maximum Residual Disinfectant Level Year Disinfectant Average Level Minimum Maximum MRDL MRDLG Unit of Source of Chemical (Range) Level Level Measure 2008 Free Chlorine 0.42 0.15 1.67 4.0 < 4.0 ppm Disinfectant used to control microbes Disinfection Byproducts Year Contaminant Average Level Minimum Maximum MCL Unit of Source of Contaminant (Range) Level Level Measure 2007 Total Haloacetic Acids 3.3 0 8 60 ppb Byproduct of drinking water disinfection. Unregulated Initial Distribution System Evaluation for Disinfection Byproducts NOT YET SAMPLED Unregulated Contaminants Bromoform, chloroform, dichlorobromomethane, and dibromochloromethane are disinfection byproducts. There is no maximum contaminant level for these chemicals at the entry point to the distribution system. Year (Range) Contaminant Average Level Minimum Level Maximum Level Unit of Source of Contaminant Measure 2008 Chloroform 1014 1.82 19.25 ppb Byproduct of drinking water disinfection. 2008 Bromoform 0.27 2008 Bromodichloromethane 10.7 2008 Dibromochloromethane 5.97 0 1.06 ppb 3 19.85 ppb 2.45 10.27 ppb Byproduct of drinking water disinfection. Byproduct of drinking water disinfection. Byproduct of drinking water disinfection. Turbidity Turbidity has no health effects. However, turbidity can interfere with disinfection and provide a medium for microbial growth. Turbidity may indicate the presence of disease - causing organisms. These organisms include bacteria, viruses, and parasites that can cause symptoms such as nausea, cramps, diarrhea and associated headaches. Year Contaminant Highest Single Lowest Monthly % of Turbidity Limits Unit of Source of Contaminant (Range) Measurement Samples Meeting Limits Measure 2008 Turbidity 0.30 100.0 0.3 NTU Soil runoff. Lead and Copper Year Contaminant The 90th Number of Sites Action Level Unit of Source of Contaminant 1 ;mge) Percentile Exceeding Action Level Measure i ..A7 Lead 2 0 15 ppb Corrosion of household plumbing systems; erosion of natural deposits. 2007 Copper 0.073 0 1.3 ppm Corrosion of household plumbing systems; erosion of natural deposits; leaching from wood preservatives. If present, elevated levels of lead can cause serious health problems, especially for pregnant women and young children. Lead in drinking water is primarily from materials and components associated with service lines and home plumbing. This water supply is responsible for providing high quality drinking water, but cannot control the variety of materials used in plumbing components. When your water has been sitting for several hours, you can minimize the potential for lead exposure by flushing your tap for 30 seconds to 2 minutes before using water for drinking or cooking. If you are concerned about lead in your water, you may wish to have your water tested. Information on lead in drinking water, testing methods, and steps you can take to minimize exposure is available from the Safe Drinking Water Hotline or at "http: / /www.epa.gov /safewater /lead." Total Coliform Total coliform bacteria are used as indicators of microbial contamination of drinking water because testing for them is easy. While not disease - causing organisms themselves, they are often found in association with other microbes that are capable of causing disease. Coliform bacteria are more hardy than many disease - causing organisms; therefore, their absence from water is a good indication that the water is microbiologically safe for human consumption. Year Contaminant Highest Monthly Number MCL Unit of Source of Contaminant of Positive Samples Measure - 2008 Total Coliform Bacteria 2 Presence Naturally present in the environment. ' , vo or more coliform found samples in any single month. Fecal Coliform REPORTED MONTHLY TESTS FOUND NO FECAL COLIFORM BACTERIA. Secondary and Other Constituents Not Regulated (No associated adverse health effects) Year or Constituent Average Minimum Maximum Secondary Unit of Source of Constituent Range Level Level Level Limit Measure 2005 2008 Bicarbonate 386 280 515 NA ppm Corrosion of carbonate rocks such as limestone. 2005 Carbonate 9 0 18 NA ppm Corrosion of carbonate rocks such as limestone. 2005 2008 Chloride 59 46 80 300 ppm Abundant naturally occurring element; used in water purification; byproduct of oil field activity 2008 Hardness as Ca /Mg 22 6 41 NA ppm Naturally occurring calcium-and magnesium. 2005 2008 P. Alkalinity as CaCO3 3 0 10 NA ppm Naturally occurring soluble mineral salts. 2005 2008 pH 8.3 8 8.6 > 7.0 units Measure of corrosivity of water. 2005 2008 Sulfate 164 113 271 300 ppm Naturally occurring; common industrial byproduct: byproduct of oil field activity. 2005 2008 Total Alkalinity as CaCO3 369 283 422 NA ppm Naturally occurring soluble mineral salts. x005 2008 Total Dissolved Solids 749 587 908 1000 ppm Total dissolved mineral constituents in water. CITY OF KENNEDALE, TEXAS OFFICE OF THE CITY SECRETARY COUNCIL MEETING MINUTE SLIP DATE: SEPTEMBER 10, 2009 REGULAR ITEMS: ITEM NUMBER: X -C MOTION: COUNCIL MEMBERS MOTION SECOND AYE NAY ABSTAIN /ABSENT CLARK JOHNSON MILLER GREEN TURNER ORDINANCE/RESOLUTION NO. CARRIED CONTRACT /AGREEMENT NO. FAILED FOLLOW UP: CITY SECRETARY'S FOLLOW UP: r &4AM 4 Staff Report To the Honorable Mayor and City Council Date: September 10, 2009 Agenda Item No: X -C Subject: AN ORDINANCE TO AMEND CHAPTER 14 OF THE KENNEDALE CITY CODE (199 1) TO ESTABLISH A JUVENILE .CASE MANAGER FUND AND PROVIDE FOR THE ASSESSNENT AND COLLECTION OF A JUVENILE CASE MANAGER FEE Originated by: Sakura Moten- Dedrick _ Summary: In the 79` Legislative Session of the State of Texas, the Legislature allowed cities to add a fee of no more than $5.00 to the costs of court to pay for a Juvenile Case Manager. Not only will this proposed ordinance allow the Court to assess a fee of $5.00, but it further enables the Court to collect it from any defendant who is convicted of a "fine only misdemeanor offense" in our City. Currently. the Kennedale Municipal Court does not employ a Juvenile Case Manager, and we do not anticipate the addition of this position until such time that a true need is determined and /or collection of this fee can support the cost of the Juvenile Case Manager to a large degree. The Kennedale Municipal Court is currently in preliminary talks with the cities of Forest Hill and Everman concerning the feasibility of establishing a "Tri -City Teen Court", and legislation provides for the collection of this fee in anticipation of eventually filling the Juvenile Case Manager position. Because this position may materialize into a joint effort, there is a strong possibility that the City of Kennedale would only be obligated to 1/3 of the total salary requirement for a Juvenile Case Manager /Teen Court Coordinator. Based on the average number of cases either paid in full or court costs paid in full over the past four years, the Court would have assessed and collected approximately $17,300 per year for a cumulative total of $69,200 year to date. Municipal and justice courts have assumed a substantial role in the Texas juvenile justice system during the last 20 years. Given the concentrated knowledge and in -depth training in social work that often accompanies this role, the Juvenile Case Manager position is a great tool to better aid us in our efforts of accomplishing higher compliance rates, reduced recidivism, and a better quality of life among juvenile offenders. Furthermore, the eventual creation of such a position would transfer the responsibility of monitoring juvenile cases away from the Deputy Court Clerk, and in turn allow more time for her to focus on outstanding payments and the increase of our current collection rate. Recommended Motion: Staff recommends that Council enact the proposed ordinance and further stipulate that any fees deposited into this fund should remain untouched until such time that this position is appropriately approved and adequately funded as determined by Council and /or the City Manager. Disposition by Council: WHEREAS, in its 79th Regular Legislative Session, the Texas Legislature amended the Texas Code of Criminal Procedure, by adding a new Section 102.0174 thereto, which amendment authorizes municipalities, by ordinance, to create a Juvenile Case Manager Fund," hereinafter referred to as the "Fund," and require defendants convicted of 'fine -only misdemeanor offenses' to pay a case manager fee not to exceed five dollars ($5.00) into such Fund, as a cost of court, and providing the purposes for which the Fund may be used; and WHEREAS, the City Council has considered the implementation of such a Fund, related to the City's Municipal Court, and has determined that the Fund would benefit the operations of the Municipal Court, as well as the health, safety and welfare of the Kennedale community at large, by providing the youth of the City with access to a juvenile case manager for the court. NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF KENNEDALE, TEXAS: SECTION 1. A. ESTABLISHMENT OF JUVENILE CASE MANAGER FUND (1) There is hereby created and established a Juvenile Case Manager Fund pursuant to Article 102.0174, Texas Code of Criminal Procedure, as amended by H.B. 1575, 79 Tex. Leg. 2005. (2) The Fund may be maintained in an interest - bearing account and may be maintained in the general revenue account. B. ESTABLISHMENT OF AMOUNT OF THE FEE AND ASSESSMENT AND COLLECTION (1) The fee shall be five dollars ($5.00), unless a greater sum is allowed by state law, in which case the amount of the fee shall be the maximum amount allowed by state law. (2) The fee shall be assessed and collected from a defendant who is convicted of a "fine only misdemeanor offense" in the City of Kennedale Municipal Court as a cost of court. For purposes of this section, a defendant is considered convicted of an offense if. a. a sentence is imposed on the defendant by the Court; or b. the defendant receives deferred disposition from the Court, including deferred proceedings under Article 45.052 or 45.053 of the Texas Code of Criminal Procedure. (3) The fee shall be applicable on all convictions for an offense committed on or after January 1, 2006. (4) The fee shall be collected on all convictions for an offense committed on or after September 11, 2009. (5) The Municipal Court Judge may waive the fee in cases of demonstrated financial hardship on the part of a convicted defendant if the defendant is indigent, has insufficient resources or income to pay the fee, or is otherwise unable to pay all or part of the underlying fine or costs. (6) The fee shall be collected by the Court Clerk and paid to the Director of Finance for deposit into the Fund established under subsection A of this section. C. DESIGNATED USE OF THE FUND AND ADMINISTRATION (1) The Fund shall be used only to finance the salary and benefits of a Juvenile Case Manager that is employed by the Municipal Court of the City of Kennedale under Texas Code of Criminal Procedure, Article 45.056(a). (2) The Fund shall be administered by or under the direction of the City Council of the City of Kennedale (1) The City Council hereby authorizes the Municipal Court of the City of Kennedale to employ one or more full -time or part-time Juvenile Case Managers to provide services in cases involving juvenile offenders before the Court consistent with the Court's statutory powers. B. ESTABLISHMENT OF AMOUNT OF THE FEE AND ASSESSMENT ANJ COLLECTION (1) The fee shall be five dollars ($5.00), unless a greater sum is allowed by state law, in which case the amount of the fee shall be the maximum amount allowed by state law. (2) The fee.shall be assessed and collected from a defendant who is convicted of a "fine only misdemeanor offense" in the City of Kennedale Municipal Court as a cost of court. For purposes of this section, a defendant is considered convicted of an offense if a. a sentence is imposed on the defendant by the Court; or b. the defendant receives deferred disposition from the Court, including deferred proceedings under Article 45.052 or 45.053 of the Texas Code of Criminal Procedure. (3) The fee shall be applicable on all convictions for an offense committed on or after January 1, 2006. (4) The fee shall be collected on all convictions or after September 11, 2009. (5) The Municipal Court Judge may waive the fee in cases of demonstrated financial hardship on the part of a convicted defendant if the defendant is indigent, has insufficient resources or income to pay the fee, or is otherwise unable to pay all or part of the underlying fine or costs. (6) The fee shall be collected by the Court Cleric and paid to the Director of Finance for deposit into the Fund established under subsection A of this section. (1) The Fund shall be used only to finance the salary and benefits of a Juvenile Case Manager that is employed by the Municipal Court of the City of Kennedale under Texas Code of Criminal Procedure, Article 45.056(a). (2) The Fund shall be administered by or under the direction of the City Council of the City of Kennedale (1) The City Council hereby authorizes the Municipal Court of the City of Kennedale to employ one or more full -time or part-time Juvenile Case Managers to provide services in cases involving juvenile offenders before the Court consistent with the Court's statutory powers. This Ordinance shall be cumulative of all other ordinances of the City of Kennedale, and shall not repeal any of the provision of such ordinances except in those instances when provisions of such ordinances are in direct conflict with the provisions of this ordinance, in which the event the conflicting provisions of such ordinances are hereby repealed. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences. paragraphs, and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 4. This ordinance shall be in full force and effect from and after its passage, and it is so ordained. PASSED, ADOPTED AND APPROVED by the City Council of the City of Kennedale, Texas, this the 10th day of September 2009. CITY OF KENNEDALE, TEXAS: MAYOR, BRYAN LANKHORST ATTEST: KATHY TURNER, CITY SECRETARY CITY OF KENNEDALE, TEXAS OFFICE OF THE CITY SECRETARY COUNCIL MEETING MINUTE SLIP DATE: SEPTEMBER 10, 2009 REGULAR ITEMS: ITEM NUMBER: X -D MOTION: COUNCIL MEMBERS MOT19K SECOND AYE NAY ABSTAIN /ABSENT CLARK JOHNSON MILLER GREEN TURNER ORDINANCE/RESOLUTION NO. CARRIED CONTRACT /AGREEMENT NO FAILED FOLLOW UP: CITY Of fs'ENNEL�ALE 405 Municipal Drive, Kennedale, Texas 76060 VISITOR/CITIZENS W E L C O M E If you wish to address the City Council, a Speaker's Card must be filled out and given to the City Secretary prior to the start of the meeting. Please follow the suggestions listed below: 1. Please read and provide the required information in order that the Mayor may recognize you promptly at the appropriate time on the agenda. 2. Please state your full name and address when you begin your remarks in order that the official minutes will record your appearance before the City Council. 3. Please make sure that your comments are directed towards the Presiding Officer rather than individual Councilmembers or Staff. All speakers must limit their comments to the subject matter as listed on your request and must refrain from using any profane language, and /or personal attacks towards any individual. APPEARANCE BEFORE CITY COUNCIIL Date: 1 Is the matter you wish to discuss on the agenda? ' ❑ Yes Agenda Item # ❑ No Has this subject been discussed with any member or administrative staff? AYes ❑ No An If yes, please list name and date: A91 Date: September 10, 2009 Agenda I- N' Subject: Review and consider action to approve Ordinance No 30 adding Chapter 16 (Parks, Recreation and Cultural Activities) Article VII, Keep Kennedale Beautiful Commission. Originated by: Bob Hart Summary: A recommendation of the strategic plan was "to initiate the formation of a local Keep Texas Beautiful affiliate and, once formed, appoint its initial members." The focus of the affiliate is to give Kennedale a "facelift" so citizens and visitors see a clean and beautiful community. The upcoming budget contemplates UTA developing a landscaping plan along Kennedale Parkway. The staff reviewed several cities to see how affiliates are actually organized. Generally, the affiliates are either stand alone 501(c) (3) organizations or city commissions. In our case, the staff recommendation is to create a 7- member commission with appointments made by the council for a two -year term. Thus, the Keep Kennedale Beautiful Commission will be similar to other city advisory boards. Recommendations: Staff recommends approval of the addition to the above named ordinance. AN ORDINANCE ADDING CHAPTER 16 (PARKS, RECREATION AND CULTURAL ACTIVITIES) ARTICLE VII (KEEP KENNEDALE BEAUTIFUL COMMISSION) OF THE KENNEDALE CITY CODE (1991), AS AMENDED; CREATING A KEEP KENNEDALE BEAUTIFUL COMMISSION; ESTABLISHING THE QUALIFICATIONS AND TERMS FOR MEMBERSHIP OF THE COMMISSION; PROVIDING FOR THE POWERS AND DUTIES OF THE COMMISSION; PROVIDING REQUIREMENTS FOR THE OFFICERS, MEETINGS, AND VOTING OF MEMBERS OF THE COMMISSION; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. #, . WHEREAS, the City of Kennedale is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the City of Kennedale desires to create a Keep Kennedale Beautiful Commission to promote public interest in the general improvement of the physical environment of the City and to support programs for refuse management, recycling, and beautification in conjunction and in cooperation with the citizens, government, businesses, and industries within the city limits of Kennedale. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KENNEDALE, TEXAS: SECTION 1. The Kennedale City Code is hereby amended by adding an Article VII, "Keep Kennedale Beautiful Commission," to Chapter 16, which shall read as follows: Sec. 16 -96. Creation and purpose. There is hereby established a commission known as the "Keep Kennedale Beautiful Commission" in the City of Kennedale. The Commission shall promote public interest in the general improvement of the physical environment of the City and to support programs for refuse management, recycling, and beautification in conjunction and in cooperation with the citizens government, businesses, and industries within the city limits of Kennedale. Sec. 16 -96. Number of members and qualifications. The Commission shall consist of seven (7) regular voting members, and two (2) alternate voting members who meet the following qualifications: (1) is a registered voter of the City; (2) has resided in the City for at least one year; and (3) continues residency in the City during the term of office. Keep Kennedale Beautiful Commission Page 1 of 4 W: \Kennedale \ORDINANC \Keep Kennedale Beautiful Commission.doc (09/04/09) Sec. 16 -97. Appointment, terms of office, removal, and vacancy. (a) The City Council shall appoint seven (7) regular members designated by place 1 through 7, and two (2) alternate members designated by places 8 and 9 to serve two -year terms on the Commission. Upon initial appointment pursuant to this ordinance, members in the even numbered places shall serve terms expiring July 1, 2010, and members in the odd numbered places shall serve terms expiring July 1, 2011. Thereafter, the terms of office of the members shall be two years beginning on July 1S` of the year of appointment. The terms of the odd numbered places shall expire in the odd numbered years, and the terms of the even numbered places shall expire in the even numbered years. Commission members may be appointed to succeed themselves. Newly appointed members shall be installed at the first regular commission meeting after their appointment. (b) The members of the Commission will serve at the pleasure of the City Council. The City Council, by majority vote, may remove any Commission member for cause or without cause. (c) The City Council shall appoint a replacement to fill any vacancy on the Board for the unexpired term of the member whose place has become vacant. Sec. 16 -98. Powers and duties. (a) The Commission is advisory only and shall not have any decision - making authority. (b) The Commission shall make an annual report to the City Council of the Board's activities, projects, and accomplishments. (c) The Commission may perform the following duties: (1) Encourage the reduction of litter in the City, and problems associated therewith; (2) Recommend to the City Council City -wide refuse policy, environmental policy, and beautification programs for the community as may be needed; (3) Recommend to the City Council the priorities of programs adopted in accordance with this Section; (4) Evaluate effectiveness of such policies which may be adopted by the City Council in accordance with this Section; (5) Recommend enforcement and additional program alternatives; (6) Monitor program accomplishments from data collected and examined under the Keep America Beautiful, Inc., Keep America Beautiful System guidelines; and (7) Carry out such other tasks as the City Council and City Manager may designate or approve. Keep Kennedale Beautiful Commission Page 2 of 4 W: \Kennedale \ORDINANC \Keep Kennedale Beautiful Commission.doc (09/04/09) To accomplish these responsibilities, the Commission may establish sub - committee's including, but not limited to, the areas of business and industry, communications, community organizations, municipal operations, and schools. Any sub - committee shall be chaired by a Keep Kennedale Beautiful Commission member and an unspecified number of community volunteers may be chosen by the Commission as working sub - committee members. Sec. 16 -99. Meetings, officers, procedures, and quorums. (a) The Commission shall meet at least once each quarter on a regular day as selected by the members. The Chairperson may call additional special meetings as necessary. (b) The members of the Commission shall determine by simple majority vote a Chairperson and a Secretary. The officers shall serve one -year terms of office. (c) The Commission shall adopt is own rules and procedures and shall keep a record of its proceedings. (d) Members of the Commission shall not take any action unless a quorum is present. A quorum shall consist of four (4) members of the Commission. (e) Each member is entitled to one vote, and action of the Board shall require a majority of those members present at the meeting. The Chairperson shall vote only in the case of a tie vote. (f) Members of the Commission shall regularly attend meetings and shall serve without compensation. (g) The alternate members shall attend each meeting and shall, on a rotating basis, act in the place of an absent regular member. If no regular member is absent, the alternate members shall not vote on any matter. SECTION 2. CUMULATIVE This ordinance shall be cumulative of all provisions of ordinances of the City of Kennedale, Texas, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. It is hereby declared to be the intention of the city council that the phrases, clauses, sentences, paragraphs, and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not Keep Kennedale Beautiful Commission Page 3 of 4 W: \Kennedale \ORDINANC \Keep Kennedale Beautiful Commission.doc (09/04/09) affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the city council without the incorporation in this ordinance of any such unconstitutional phrase, sentence, paragraph or section. IM 141 %Me— This ordinance shall be in full force and effect from and after its passage and it is so ordained. MAYOR, BRYAN LANKHORST KATHY TURNER, CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: WAYNE K. OLSON, CITY ATTORNEY Keep Kennedale Beautiful Commission Page 4 of 4 W: \Kennedale \ORDINANC \Keep Kennedale Beautiful Commission.doc (09/04/09) CITY OF KENNEDALE, TEXAS OFFICE OF THE CITY SECRETARY COUNCIL MEETING MINUTE SLIP DATE: SEPTEMBER 10, 2009 REGULAR ITEMS: ITEM NUMBER: X -E MOTION: COUNCIL MEMBERS MOTIO SECOND AYE NAY ABSTAIN /ABSENT CLARK JOHNSON MILLER GREEN TURNER ORDINANCE/RESOLUTION NO. Au CARRIED 5 - 0 . CONTRACT /AGREEMENT NO. FAILED FOLLOW UP: CITY SECRETARY'S FOLLOW UP: To the Honorable Mayor and City Council Date: September 10, 2009 Agenda Item No: X -E Subject: AN ORDINANCE TO ADOPT FY2009 -10 BUDGET Originated by: Sakura Moten - Dedrick Summary According to Chapter 102, Municipal Budget, of the Local Government Code (LGC), a municipal budget shall be prepared to cover the proposed expenditures of the municipal government for the succeeding year. The proposed budget must be filed with the municipal clerk for public inspection, and a public hearing conducted on the budget with special notice published in relation to the budget hearing. At the conclusion of the public hearing, the governing body of the municipality shall take action on the proposed budget, and it may make any changes in the budget that it considers warranted by the law or by the best interest of the municipal taxpayers. A vote to adopt the budget under this Chapter is in addition to and separate from the vote to set the tax rate required by Chapter 26, Tax Code, or other law. The following timetable represents key dates during which notices were published and meetings were conducted: 08/07/09 Publish Notice of Public Hearing On Budget & Notice of Effective Tax Rate 08/13/09 Vote To Place Proposal On Future Agenda 08/14/09 Publish 1 st Notice of Public Hearing On Tax Increase 08/27/09 Hold Public Hearing On Budget & 1 st Public Hearing On Tax Increase 08/28/09 Publish 2 nd Notice of Tax Revenue Increase 09/03/09 Hold 2 nd Public Hearing On Tax Increase 09/04/09 Publish Notice of Tax Revenue Increase 09/10/09 Adopt Budget, Adopt Tax Rate, Ratify Tax Increase Reflected In Budget Recommended Motion: Staff recommends approval. Disposition by Council: WHEREAS, the City of Kennedale, is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the City Manager of the City has filed with the City Secretary a budget outlining all proposed expenditures of the Government of the City for the fiscal year beginning October 1, 2009, and ending September 30, 2010, (hereinafter referred as the "Budget "); and WHEREAS, the Budget, a copy of which is attached hereto as Exhibit "A" and incorporated herein for all purposes, specifically sets forth each of the various projects for which appropriations are delineated, and the estimated amount of money carried in the Budget for each of such projects; and WHEREAS, the Budget has been filed with the City Secretary for at least thirty (30) days before the date the City Council makes its tax levy for the fiscal year and such Budget has been available for inspection by any taxpayer; and WHEREAS, the public notice of a public hearing on the proposed Budget, stating the date, time, place and subject matter of said public hearing, was given as required by the laws of the State of Texas; and WHEREAS, such public hearings were held on August 27, 2009, and September 3, 2009, prior approval of such date being hereby ratified and confirmed by the City Council, and those wishing to speak on the Budget were heard; and WHEREAS, the City Council has studied the Budget and listened to the comments of the taxpayers at the public hearing held thereof and has determined that the Budget attached hereto is in the best interest of the City and that same should be approved and adopted. NOW, 1 ORDAINED BY THE CITY COUNCIL OF OF 1 SECTION 1. All of the above premises are found to be true and correct and are incorporated into the body of this Ordinance as if copied in their entirety. SECTION 2. The Budget as set forth in Exhibit "A," of the revenue of the City and the expenses of conducting the affairs thereof for the ensuing fiscal year beginning October 1, 2009 and ending September 30, 2010, is hereby appropriated from the funds indicated therein such sums for the projects, operations, activities, purchases, accounts and other expenditures proposed in the Budget. SECTION 3. That the revised figures, prepared and submitted by the City Manager for the prior fiscal year beginning October 1, 2008 and ending September 30, 2009, be, and the same are hereby, in all things, approved and appropriated, and any necessary transfers between accounts and departments are hereby authorized, approved and appropriated. SECTION 4. No expenditure of the funds of the City of Kennedale shall hereafter be made except in compliance with the budget and applicable state law; provided, however, that in case of grave public necessity to meet unusual and unforeseen conditions, which could not by reasonable, diligent thought and attention have been include in the original budget, may from time to time be authorized by the City Council as amendments to the original Budget. SECTION 5. The City Manager shall file or cause to be filed a true and correct copy of this ordinance, along with the approved Budget attached hereto, with the City Secretary. The City Manager shall file or cause to be filed a true and correct copy of this ordinance, along with the approved Budget attached hereto, and any amendments thereto, in the office of the County Cleric of Tarrant County, Texas, as required by State law. SECTION 6. Any and all ordinances, resolutions, rules, regulations, policies or provisions in conflict with the provisions of this ordinance are hereby repealed and rescinded to the extent of conflict therewith. SECTION 7. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 8. That this ordinance be in full force and effect from and after its adoption. PASSED, ADOP'T'ED AND APPROVED by the City Council of the City of Kennedale, Texas, this the 10th day of September 2009. APPROVED: Mayor, Bryan Lankhorst ATTEST: Kathy Turner, City Secretary CITY OF KENNEDALE, TEXAS OFFICE OF THE CITY SECRETARY COUNCIL MEETING MINUTE SLIP DATE: SEPTEMBER 10, 2009 REGULAR ITEMS: ITEM NUMBER: X -F MOTION: COUNCIL MEMBERS MOTION SECOND AYE I NAY ABSTAIN /ABSENT CLARK JOHNSON MILLER GREEN TURNER ORDINANCE/RESOLUTION NO. CARRIED CONTRACT /AGREEMENT NO. FAILED FOLLOW UP: CITY SECRETARY'S FOLLOW UP: Staff Report To the Honorable Mayor and City Council Date: Agenda Item No: Subject: Originated by: Summary: September 10, 2009 X -F AN ORDINANCE TO ADOPT FY2009 -10 TAX RATE Sakwra Moten- Dedrick According to the Texas Constitution and Property Tax Code, which both embody the concept of truth -in- taxation, a municipality is required to comply with certain steps in adopting their tax rate in an effort to make taxpayers aware of tax rate proposals and allow taxpayers, in certain cases, roll back or limit a tax increase. A vote to set the tax rate required by Chapter 26, Tax Code, is in addition to and separate from the vote to adopt the budget. The following timetable represents key dates during which notices were published and meetings were conducted: 08/07/09 Publish Notice of Public Hearing On Budget & Notice of Effective Tax Rate 08/13/09 Vote To Place Proposal On Future Agenda 08/14/09 Publish 1 Notice of Public Hearing On Tax Increase 08/27/09 Hold Public Hearing On Budget & 1't Public Hearing On Tax Increase 08/28/09 Publish 2 " Notice of Tax Revenue Increase 09/03/09 Hold 2" Public Hearing On Tax Increase 09/04/09 Publish Notice of Tax Revenue Increase 09/10/09 Adopt Budget, Adopt Tax Rate, Ratify Tax Increase Reflected In Budget Recommended Motion: Required wording for a motion by a governing body to adopt a tax rate that exceeds the effective tax rate. "I move that the property tax rate be increased by the adoption of a tax rate of $0.722500 per $100 of taxable value, which is effectively a 1.86 percent increase in the tax rate." Disposition by Council: WHEREAS, the City Council of the City of Kennedale, Texas hereby finds that the tax for the fiscal year beginning October 1, 2009, and ending September 30, 2010, hereinafter levied for current expenses and the general improvements of the City and its property, must be levied to provide the revenue requirements of the budget for the ensuing year; and WHEREAS, the City Council has approved on the 10th day of September 2009, the budget for the fiscal year beginning October 1, 2009, and ending September 30, 2010; and WHEREAS, all statutory and constitutional requirements concerning the levying and assessing of ad valorem taxes have been completed in due and correct time, including providing notice of and conducting a public hearing regarding the ad valorem tax levied hereby. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KENNEDALE TEXAS, THAT: SECTION 1. For the current expense of the City of Kennedale and for the general improvements of the City and its property, there is hereby levied and ordered to be assessed and collected for the year of 2009 on all property situated within the corporate limits of the City limits of the City of Kennedale, and not exempt from taxation by valid laws, an ad valorem tax rate of $0.722500 cents on the One Hundred ($100.00) Dollars valuation of such property. $0.572729 For the purpose of maintenance and operation. $0.149771 For the purpose of interest and sinking. $0.722500 Total Tax Rate SECTION 2. That the taxes herein are levied according to law and shall be due and payable on October 1, 2009, and the same shall become delinquent on February 1, 2010. Should any taxpayer fail to make payment before the date of delinquency, the penalty as provided by law shall be assessed until the unpaid taxes and penalty have been satisfied. SECTION 3. In the event any section, sub - section, clause, sentence, or phrase of this ordinance shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no means affect any other section, sub - section, clause sentence, or phrase of this ordinance, but all the rest thereof shall be in full force and effect just as though the section, sub - section, sentence, clause or phrase so declared or adjudged invalid or unconstitutional was not originally a part thereof. SECTION 4. This ordinance shall be in full force and effect from and after its passage and publication as provided by law. PASSED, ADOPTED AND APPROVED by the City Council of the City of Kennedale, Texas, this the 10th day of September 2009. APPROVED: Mayor, Bryan Lankhorst ATTEST: Kathy Turner, City Secretary WHEREAS, the City Council of the City of Kennedale, Texas hereby finds that the tax for the fiscal year beginning October 1, 2009, and ending September 30, 2010, hereinafter levied for current expenses and the general improvements of the City and its property, must be levied to provide the revenue requirements of the budget for the ensuing year; and WHEREAS, the City Council has approved on the 10th day of September 2009, the budget for the fiscal year beginning October 1, 2009, and ending September 30, 2010; and WHEREAS, all statutory and constitutional requirements concerning the levying and assessing of ad valorem taxes have been completed in due and correct time, including providing notice of and conducting a public hearing regarding the ad valorem tax levied hereby. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KENNEDALE TEXAS, THAT: SECTION 1. For the current expense of the City of Kennedale and for the general improvements of the City and its property, there is hereby levied and ordered to be assessed and collected for the fiscal year beginning October 1, 2003 and ending September 30, 2010, and for each fiscal year thereafter until it be otherwise provided and ordained, on all property situated within the corporate limits of the City limits of the City of Kennedale, and not exempt from taxation by valid laws, an ad valorem tax rate of $0.722500 cents on the One Hundred ($100.00) Dollars valuation of such property. $0.572729 For the purpose of maintenance and operation. $0.149771 For the purpose of interest and sinking. $0.722500 Total Tax Rate THIS TAX RATE WILL RAISE MORE TAXES FOR MAINTENANCE AND OPERATIONS THAN LAST YEAR'S SECTION 2. That the taxes herein are levied according to law and shall be due and payable on October 1. 2009, and the same shall become delinquent on February 1, 2010. Should any taxpayer fail to make payment before the date of delinquency, the penalty as provided by law shall be assessed until the unpaid taxes and penalty have been satisfied. SECTION 3. Pursuant to the authority granted by Section 33,07 of the Texas Tax Code, in the event that 2009 taxes and taxes for all subsequent years become delinquent on or after February 1 but not later than May f of the year in which they become delinquent, and in the event such delinquent taxes are refereed to an attorney for collection, an additional amount of twenty percent (20 %) of the total amount of tax, penalty and interest then due shall be added as collection costs to be paid by the taxpayer, for all taxes delinquent on or after Jul) 1, 2010. SECTION 4. PUrsr7ant to the authority granted by Section 33.08 of the Texas Tax Code, the C:'it further provides that all 2009 taxes and taxes for all subsequent years that become delinquent on or after Iune I of the year in Which they become delinquent shall, in order to defray the costs of collection, incur an additional 20% ofthe delinquent tax, penalty and interest. SECTION 1. In the event any section, sub - section, clause, sentence, or phrase of this ordinance shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no means affect any other section, sub- section, clause sentence, or phrase of this ordinance, but all the rest thereof shall be in full force and effect just as though the section, sub - section, sentence, clause or phrase so declared or adjudged invalid or unconstitutional was not originally a part thereof. SECTION 0. This ordinance shall be in full force and effect from and after its passage and publication as provided by law. PASSED, ADOPTED AND APPROVED by the City Council of the City of Kennedale, Texas, this the 10th day of September, 2009. APPROVED: MAYOR, BRYAN LANKHORST ATTEST: KATHY TURNER, CITY SECRETARY WHEREAS, the City Council of the City of Kennedale, Texas hereby finds that the tax for the fiscal year beginning October 1, 2009, and ending September 30, 2010, hereinafter levied for current expenses and the general improvements of the City and its property, must be levied to provide the revenue requirements of the budget for the ensuing year; and WHEREAS, the City Council has approved on the 10th day of September 2009, the budget for the fiscal year beginning October 1, 2009, and ending September 30, 2010; and WHEREAS, all statutory and constitutional requirements concerning the levying and assessing of ad valorem taxes have been completed in due and correct time, including providing notice of and conducting a public hearing regarding the ad valorem tax levied hereby. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KENNEDALE TEXAS, THAT: SECTION 1. For the current expense of the City of Kennedale and for the general improvements of the City and its property, there is hereby levied and ordered to be assessed and collected for the year-+4-2 fiscal year be ginning O ctob er 1, 200 and ending S �Win er 30„ 20 10 anid_for each iismi year th ereafte r until it be_ ot herwise p►d and ordained, on all property situated within the corporate limits of the City limits of the City of Kennedale, and not exempt from taxation by valid laws, an ad valorem tax rate of $0.722500 cents on the One Hundred ($100.00) Dollars valuation of such property. $0.572729 For the purpose of maintenance and operation. $0.149771 For the purpose of interest and sinking. $0.722500 Total Tax Rate : ;t -2 w wt-- the4a- xe&- -1 ki-a -levi l- -- pay4le -c- i ball- lie c;0 �y -ft ", ",aye to tfaa4 i�ay Rat b 6'� tl -�latc -0# �1c 1i,€pcy tic lahy pr€Liled by lae�F slll lie eclti�til the SECTION 2. All ad valorem taxes shall become due and payable on October 1, 2009, and all ad valorem taxes shall become delinquent after January 31, 2010. There shall be no discount for payment of taxes on or prior to January 31, 2010. A delinquent tax shall incur all penalty and interest authorized by law, Section 33.01 of the Texas Property Tax Code, as amended, to wit: a penalty of six percent (6 %) of the amount of the tax for the first calendar month the tax is delinquent plus, one percent (1 %) for each additional month or portion of a month the tax remains unpaid prior to July 1 of the year in which it becomes delinquent. Provided, however, a tax delinquent on July 1 incurs a total penalty of twelve percent (12 %) of the amount of the delinquent tax without regard to the number of months the tax has been delinquent. A delinquent tax shall also accrue interest at a rate of one percent (1 %) for each month or portion of a month the tax remains unpaid. Taxes that become delinquent on or after February 1, 2010, but not later than May 1, 2010, that remain delinquent on July 1, 2010, incur an additional penalty of twenty percent (20 %) of the amount of taxes, penalty and interest due; however, taxes that become delinquent on or after June 1, 2010 and for which split payment has been allowed under Section 31.03, 31.031, 31.032, or 31.04 of the Texas Property Tax Code incur an additional penalty of twenty percent (20 %). All such additional penalties are to defray the costs of collection due pursuant to the contract with the City's legal counsel as authorized by Section 6.30 of the Texas Property Tax Code, as amended. SECTION 3. In the event any section, sub - section, clause, sentence, or phrase of this ordinance shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no means affect any other section, sub- section, clause sentence, or phrase of this ordinance, but all the rest thereof shall be in full force and effect just as though the section, sub - section, sentence, clause or phrase so declared or adjudged invalid or unconstitutional was not originally a part thereof. SECTION 4. This ordinance shall be in full force and effect from and after its passage and publication as provided by law. PASSED, ADOPTED AND APPROVED by the City Council of the City of Kennedale, Texas, this the 10th day of September, 2009. APPROVED: MAYOR, BRYAN LANKHORST ATTEST: KATHY TURNER, CITY SECRETARY CITY OF KENNEDALE, TEXAS OFFICE OF THE CITY SECRETARY COUNCIL MEETING MINUTE SLIP DATE: SEPTEMBER 10, 2009 REGULAR ITEMS: ITEM NUMBER: X -G MOTION: COUNCIL MEMBERS MOTION SECONq AYE NAY ABSTAIN /ABSENT CLARK JOHNSON MILLER GREEN TURNER ORDINANCE/RESOLUTION NO. CARRIED CONTRACT /AGREEMENT NO. FAILED FOLLOW UP: CITY SECRETARY'S FOLLOW UP: Staff Report To the Honorable Mayor and City Council Date: September 10, 2009 Agenda Item No: X -G Subject: RATIFICATION OF PROPERTY TAX INCREASE IN FY2009 -10 BUDGET Originated by: Sakura Moten - Dedrick Summary: According to Chapter 102, Municipal Budget, of the Local Government Code (LGC), a municipal budget shall be prepared to cover the proposed expenditures of the municipal government for the succeeding year. In addition to the adoption of a budget, should that budget require raising more revenue from property taxes than in the previous year, the governing body must conduct a separate vote to ratify the property tax increase reflected in the budget. A vote under this subsection is in addition to and separate from the vote to adopt the budget or a vote to set the tax rate required by Chapter 26, Tax Code, or other law. Recommended Motion: Required wording for a motion by a governing body to ratify a property tax increase in an approved budget. "I move that this budget will raise more total property taxes than last year's budget by $145,371, and of that amount $83,584 is tax revenue to be raised from new property added to the tax roll this year." Disposition by Council: CITY OF KENNEDALE, TEXAS OFFICE OF THE CITY SECRETARY COUNCIL MEETING MINUTE SLIP DATE: SEPTEMBER 10, 2009 RECESS INTO EXECUTIVE SESSION: 1 1 106 PM RECONVENE INTO OPEN SESSION: PM REGULAR ITEMS: ITEM NUMBER: XI -A -B & XII MOTION: COUNCIL MEMBERS MOTION SECOND AYE NAY ABSTAIN /ABSENT CLARK JOHNSON MILLER GREEN TURNER ORDINANCE/RESOLUTION NO CARRIED CONTRACT /AGREEMENT NO. FAILED FOLLOW UP: CITY SECRETARY'S FOLLOW UP: Staff Repor To the Honorable Mayor and City Council Date: September 4, 2009 Agenda Item No: X1. A -B Subject: Executive Session Originated by: Kathy Turner, City Secretary Summary: A. City Council will meet inclosed 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. TownCenter Development 3 Bowman Springs Road re- alignment properties 4 Sublett Road properties 5 Little School Road re-alignment properties B. The City Council will meet in closed session pursuant to Section 551.087 of the Texas Government Code to deliberate the offer of a financial or other incentive to a business prospect with which the city is conducting economic development negotiations. To the Honorable Mayor and City Council Date: September 4, 2009 Agenda Item No: XII Subject: Reconvene into open session. Originated by: Kathy Turner, City Secretary Summary: City Council met in executive session pursuant to Section 551.072 and Section 551.087 of the Texas Local Government Code. City Council will reconvene into open session, and take action necessary pursuant to executive session, if needed. I Recommendation: Disposition by Council: