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11.11.2010 CC PacketCITY OF FCE/VNEDALE 405 Municipal Drive, Kennedale, Texas 76060 www.cityoflzennedale.com AGENDA KENNEDALE CITY COUNCIL REGULAR MEETING — NOVEMBER 11, 2010 COUNCIL CHAMBERS WORK SESSION — 5:30 PM EXECUTIVE SESSION — 6:00 PM REGULAR SESSION — 7:00 PM I. CALL TO ORDER H. ROLL CALL III. WORK SESSION — 5:30 PM A. Discuss traffic speed limit guidelines and policies. B. Discuss and review any item on the agenda, if needed. *NOTE. Pursuant to Chapter 551, Texas Government Code, the City Council reserves the right to adiourn into Executive Session at any time during the ivork session or the regular session to discuss posted executive session items or to seek legal advice from the City Attorney on any item posted on the agenda. IV. EXECUTIVE SESSION — 6:00 PM 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. Settlement for 34 year CDBG surety settlement 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. Little School Road re- alignment C. The City Council will meet in closed session pursuant to Section 551.072 of the Texas Government Code to deliberate the condemnations of the following property: Page 1 of 4 XI. CONSENT AGENDA All matters listed under consent agenda have been previously discussed, require little or no deliberation, or are considered to be routine by the council. If discussion is desired, then an item will be removed from the consent agenda and considered separately. A. Approval of meeting minutes: Regular meeting dated October 14, 2010 B. Approval of Forth Worth Wholesale "Wastewater" Customer Advisory Committee (WCAC) Members XII. REGULAR ITEMS C. Public Hearing; Review, and consider action on CASE # PZ 10 -11 to amend Chapter 17, Article VII of the Kennedale city code by revising regulations governing sandwich board signs. D. Public Hearing; Review, and consider action on CASE # PZ 10 -13 to amend the Kennedale city code by amending Chapter 11 Licenses, Taxation and Miscellaneous Business Regulations and Chapter 17 Article VI Zoning, by adding regulations governing the sale of alcohol and alcoholic beverages. E. Public hearing, review, and consideration to receive comments and consider action to amend the Kennedale city code by amending Chapter 16 Parks, Recreation and Cultural Activities, Article III Parks and Playground Regulations, by adding regulations governing the sale of alcohol and alcoholic beverages. F. Review and consider action to approve Resolution No. 339, designating the official newspaper, Fort Worth Star Telegram for the City of Kennedale. G. Authorize City Manager to execute a contract with Halff & Associates for the comprehensive land use plan update, including a trails plan and Village Creek concept plan H. Consider appointment of members to the Comprehensive Land Use Plan Update Task Force. I. Review and consider action to approve Resolution No. 341, authorizing the Legal Counsel to proceed with condemnation of Lot 1, Block 1, Williamsburg Square Addition, for widening of Little School Road. J. Review and consider action to approve Resolution No. 342, authorizing the Legal Counsel to proceed with condemnation of Lot 4a, Block 1, Williamsburg Square Addition, for widening of Little School Road. K. Review and consider action to approve Resolution No. 343, authorizing the Legal Counsel to proceed with condemnation of Lot 4, Block 1, Williamsburg Square Addition for widening of Little School Road. Page 3 of 4 1. Lot 1, Block 1, Williamsburg Square Addition, 612 Little School Road, owned by Robert & Joann Bass 2. Lot 4A, Block 1, Williamsburg Square Addition, 619 N. Little School Road, owned by Morteza & Reza Maleki Naghami 3. Lot 4, Block 1, Williamsburg Square Addition, North Little School Road, owned by Nancy A. Bozeman 4. Lot IA, Block 2, Woodlands Addition, 838 Woodland Court, owned by Jose and Anna Estrada 5. Lot IA, Block 1, Woodlands Addition, 839 Woodland Court, owned by Paravane Rashidi- Birgani D. 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. E. The City Council will meet in closed session pursuant to Section 551.074 of the Texas Government Code to deliberate the process of filling the City Secretary position. V. REGULAR SESSION — 7:00 PM VI. INVOCATION VII. UNITED STATES PLEDGE OF ALLEGIANCE VIII. TEXAS PLEDGE OF ALLEGIANCE "Honor the Texas Flag; I Pledge Allegiance to Thee, Texas, One State under God; One and Indivisible." IX. 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. X. REPORTS /ANNOUNCEMENTS In addition to any specific matters listed below, the city council may receive a report about items of community interest, including but not limited to recognition of individual officials, citizens or departments, information regarding holiday schedules, upcoming or attended events, etc. A. Mayor 1. Salvation Army donation — Mayoral Competition 2. TML Award of Excellence B. City Council C. City Manager Page 2 of 4 L. Review and consider action to approve Resolution No. 344, authorizing the Legal Counsel to proceed with condemnation of Lot IA, Block 2, Woodlands Addition for widening of Little School Road. M. Review and consider action to approve Resolution No. 345, authorizing the Legal Counsel to proceed with condemnation of Lot IA, Block 1, Woodlands Addition for widening of Little School Road. N. Consider Resolution No. 346, authorizing the City Manager to accept the settlement on behalf of the City of Kennedale. XIII. TAKE ACTION NECESSARY PURSUANT TO EXECUTIVE SESSION, IF NEEDED. XIV. ADJOURNMENT In compliance with the Americans with Disabilities Act, the City of Kennedale will provide for reasonable accommodations for persons attending City Council meetings. This building is wheelchair accessible, and parldng spaces for disabled citizens are available. Requests for sign interpreter services must be made forty -eight (48) hours prior to the meetings. Please contact Kelly Cooper, Interim City Secretary, at 817.985.2106 or (TDD) 1.800.735.2989 CERTIFICATION I certify that a copy of the November 11, 2010, agenda was posted on the City Hall bulletin board next to the main entrance of the City Hall building, 405 Municipal Drive, of the City of Kennedale, Texas, in a place convenient and readily accessible to the general public at all times and said Agenda was posted on the following date and time: Monday November 8, 2010 by 5:00 p.m., and remained so posted continuously for at least 72 hours preceding the schedule time of said meeting, in accordance with Chapter 551 of the Texas Government Code. Kelly C Interim Date Agenda Removed from Bulletin Board Page 4 of 4 CIT KE�V/VED4LE 405 Municipal Drive, Kennedale, Texas 76060 BOARD /COMMISSION CANDIDATE DATA SHEET Check all Board and Commissions of Interest and rank order of interest from 1 to 6: ❑ Park Board ❑ Planning & Zoning ❑ Library Advisory Board ❑ Keep Kennedale Beautiful l Name: � G� [ 4,�L C � � ,'o I L, ❑ Board of Adjustment ❑ Building Board of Appeals ❑ Economic Development Board L/kA,4 Age (Optional): Home Address: r� c Home Phone - 6e- � q.;)- Business /Cell Phone: �(_� � �� �'�r Email: , 1(a) AD ,t" )0 Alt. Contact: Resident of City for Years Voter Registration No.: C)nnnnatinn- (n VVl Education: g Ls2 -, ( �-) K\ Special Knowledge or Experience Applicable to City Board or Commission Function: ❑ Banking/Finance Q Business Development ❑ Building/Construction ❑'Promotion/Marketing ❑ Real Estate /Development ❑ Manufacturing/Industrial Operations ❑Industrial Training ❑ Law /Contract Administration Other information (Civic Activities, etc.): 0� I have attended one or more meetings of the board or commission for which I have- applied: [Tyes ❑ No Date: u � 1 - � Ul y Signature: RETURN COMPLETED FORM TO THE CITY SECRETARY'S OFFICE, City of Kennedale, 405 Municipal Drive, Kennedale, Texas 76060 Phone: (817) 985 -2104 - E- mail: kturner@cityofkennedale.com CRY OF 0 KE/VVE0,4ZF 405 Municipal Drive, Kennedale, Texas 76060 PZ Case #10 -1 SUBJECT: To receive public input regarding Case # PZ 10 -13 to amend the Kennedale City Code by amending Chapter 11 Licenses, taxation and Miscellaneous Business Regulations and Chapter 17 Article VI Zoning, by adding regulations governing ,the sale of alcohol and alcoholic beverages 1. NAME: ADDRESS: PHONE NUMBER: W& 2. I HEREBY WISH TO ADDRESS COUNCIL, AND REGISTER THE FOLLOWING OPINION: 9FOR ❑ AGAINST CASE #PZ 10 -13 ❑ DO NOT WISH TO ADDRESS COUNCIL, BUT I WOULD LIKE TO REGISTER THE FOLLOWING OPINION: ❑ FOR ❑ AGAINST CASE #PZ 10 -13 3. IN REGISTERING, I REPRESENT: ,MYSELF ❑ THE FOLLOWING PERSONS, FIRMS, CORPORATIONS, CLASSES OR GROUPS: SIGNATUR : DATE: November 11, 2010 CITY OF KEANNEDALE, TEXAS OFFICE OF THE CITY SECRETARY COUNCIL MEETING ROLL CALL DATE: NOVEMBER 11, 2010 START TIME: 5 (m' aq4C END TIME: PM ROLL CALL: CITY STAFF PRESENT: PRESENT ABSENT MAYOR, BRYAN LANKHORST MAYOR PRO TEM JOHN CLARK COUNCILMEMBER BRIAN JOHNSON COUNCILMEMBER ✓ JERRY MILLER COUNCILMEMBER ✓ KELLY TURNER COUNCILMEMBER LIZ CARRINGTON CITY STAFF PRESENT: �s�eC L4 PRESENT ABSENT CITY MANAGER BOB HART CITY SECRETARY CITY ATTORNEY WAYNE K. OLSON JAMES COWEY ✓ BUILDING OFFICIAL POLICE CHIEF ✓ TOMMY WILLIAMS FIRE CHIEF MIKE MCMURRAY DIR. OF FINANCE SAKURA MOTEN - DEDRICK DIR. PUBLIC WORKS LARRY LEDBETTER PLANNER V RACHEL ROBERTS HUMAN RESOURCE DIR KELLY COOPER �s�eC L4 YCA%,- % l./1 W'- Iy-e - �/ ce-m pL .' /Q/J . °� r\c L o' L Um � • �ti��2Ll � m �''L�w CITY OF KENNEDALE, TEXAS OFFICE OF THE CITY SECRETARY COUNCIL MEETING MINUTE SLIP DATE: NOVEMBER 11, 2010 RECESS INTO EXECUTIVE SESSION: (o, PM RECONVENE INTO OPEN SESSION: 7 ' 0 ( PM REGULAR ITEMS: ITEM NUMBER: IV- A - E MOTION: COUNCIL MEMBERS MOTION SECOND AYE NAY ABSTAIN /ABSENT CLARK JOHNSON MILLER CARRINGTON TURNER ORDINANCE/RESOLUTION NO CONTRACT /AGREEMENT NO. FAILED FOLLOW UP: CITY SECRETARY'S FOLLOW UP: ��. �� -- I4b� i II ►��c c J C� � 7 �, P P�- �'Ao' � wcoy p � a�er z 3 cz C S " �i z. z�C ?� a J p rvmP c w4C4 (�� K"O" -- to Ceiz a.,-r yct� r 'cf C VV` ` C �� S i ✓Yl z 1 �I Rk ale BUSINESS AFTER HOURS Dec 14th 5:30-7:00pm Hosted By Hampton Inn & Suites Mansfield Dwayne Renfro & Donna Sellers of ig Catering 1640 US Hwy 287 N Mansfield, TX 76063 Come find out what all the Hampton Inn and Suites has to offer! * Minutes from Big League Dreams Ballpark Are you ready for some football? Near the new Dallas Cowboy Stadium Looking for some fun? We are minutes from Six Flags,, Hurricane Harbor and Hawaiian Falls Please join us for lots of food, fun and networking! i ! F m G R Ex: N ., E I 1-fi-I () R K - 1 -, G, P R I Z A N D F 0 0 Du " ; I D01 'T FORGET TO BRING DOOR PRI12-Z-ES &'Y UR BUSINESS CARDS!! RSVP TO MARK ALLEN P-IX 817-985-2109 T 00 R Nov :Lt n, Zulu 11:30am—fpm appointed volunteers who advocatG on bGhalf of abused and neglected children by making recommendations for safe and permanent homes. 'VO M a tz- �MQIZC8 6�fizt ao not 0 Bring your business card to he entered into the Bus ness of the Month drawing (must he a membe I r to wil CITY OF KENNEDALE, TEXAS OFFICE OF THE CITY SECRETARY COUNCIL MEETING MINUTE SLIP DATE: NOVEMBER 11, 2010 CONSENT AGENDA ITEM NUMBERS: XI -A through XI -B REQUEST TO REMOVE: ITEM PERSON: ITEM PERSON: ITEM PERSON: MOTION: COUNCIL MEMBERS MOTION SECOND AYE NAY ABSTAIN /ABSENT CLARK JOHNSON MILLER CARRINGTON TURNER ORDINANCE/RESOLUTION NO. CARRIE FAILED / I 1 CITY OF KENNEDALE, TEXAS OFFICE OF THE CITY SECRETARY COUNCIL MEETING MINUTE SLIP DATE: NOVEMBER 11, 2010 REGULAR ITEMS: ITEM NUMBER: G MOTION: COUNCIL MEMBERS MOTION SECOND AYE NAY ABSTAIN /ABSENT CLARK JOHNSON MILLER CARRINGTON TURNER CONTRACT /AGREEMENT NO. FAILED ORDINANC SOLUTIO NO. `tt0� CARRIED FOLLOW UP: CITY SECRETARY'S FOLLOW UP: e-6 r 'If o t/1 7 IVY ,S 7 vile red. �, / 4- J 2 -- �v ov 2_ owF AT La( cQ.Vi--tj Er �� CITY OF KEANNEDALE, TEXAS OFFICE OF THE CITY SECRETARY COUNCIL MEETING MINUTE SLIP DATE: NOVEMBER 11, 2010 REGULAR ITEMS: ITEM NUMBER: MOTION: d 0 COUNCIL MEMBERS MOTION SECOND AYE NAY ABSTAIN /ABSENT CLARK JOHNSON t/ MILLER CARRINGTON TURNER ORDINANC /RESOLUTION NO. CONTRACT /AGREEMENT NO. FOLLOW UP: i �u! CARRIED Z FAILED CITY SECRETARY'S FOLLOW UP: 04 rTA�;us C® -1 -a. CITY OF KENNEDALE, TEXAS OFFICE OF THE CITY SECRETARY COUNCIL MEETING MINUTE SLIP DATE: NOVEMBER 11, 2010 REGULAR ITEMS: ITEM NUMBER: MOTION: COUNCIL MEMBERS MOTION SECOND AYE AY ABSTAIN /ABSENT CLARK JOHNSON MILLER CARRINGTON t� TURNER RDINANC /RESOLUTION NC CONTRACT /AGREEMENT NO. FOLLOW UP: CITY SECRETARY'S FOLLOW UP: c h,( -- g&, Sf Re..pb&. CARRIED VZ FAILED Sly k� ? — G APP , CITY OF KENNEDALE, TEXAS OFFICE OF THE CITY SECRETAR COUNCIL MEETING MINUTE SLIP DATE: NOVEMBER 11, 2010 CnA— V",f7a�� k/t C ;F'.' w REGULAR ITEMS: ITEM NUMBER: MOTION: �! �� vv 1'' l COUNCIL MEMBERS MOTI N SECOND AYE NAY ABSTAIN /ABSENT CLARK �m�e JOHNSON ✓ MILLER f CARRINGTON ✓ ✓ TURNER ORDINANCE SOLUT NO. 3 3 c ? CARRIED � CONTRACT /AGREEMENT NO. FAILED FOLLOW UP: Jo')) CITY SECRETARY'S FOLLOW UP: cX�4��, - - KcnoedA� v A r::T A -/V? I I ar noi j6 c CITY OF KENNEDALE, TEXAS OFFICE OF THE CITY SECRETARY COUNCIL MEETING MINUTE SLIP DATE: NOVEMBER 11, 2010 REGULAR ITEMS: ITEM NUMBER: MOTION: COUNCIL MEMBERS MOTION SECOND AYE NAY ABSTAIN /ABSENT CLARK JOHNSON MILLER CARRINGTON TURNER ORDINANCE/RESOLUTION NO. CARRIED, CONTRACT /AGREEMENT NO. FAILED M' CITY SECRETARY'S FOLLOW UP: CITY OF KENNEDALE, TEXAS OFFICE OF THE CITY SECRETARY COUNCIL MEETING MINUTE SLIP DATE: NOVEMBER 11, 2010 REGULAR ITEMS: ITEM NUMBER: 4 MOTION: ato -[ - t& - ) - " ( _oc-c. COUNCIL MEMBERS MOTION SECOND AYE NAY ABSTAIN /ABSENT CLARK JOHNSON MILLER CARRINGTON TURNER ORDINANCE/RESOLUTION NO. CONTRACT /AGREEMENT NO. CARRIED FAILED FOLLOW UP: VyXI 1 � , CITY SECRETARY'S FOLLOW UP: Cwt. b�,L,4 f . 7 Mf "i � &u s SCSI — avu� Date: November 11, 2010 Agenda Item No: XI -H Subject: Consider appointment of members to the Comprehensive Land Use Plan Update Task Force Originated by: Bob Hart Summary: An optimum number of task force members for Kennedale is approximately 15 to 20. An article was included in the most recent newsletter requesting volunteers to serve. We received interest from the following persons: • Cheryl Abbott • Dave McMillan — doe044 Cc,UQ 14 lk.Q • Don Harrelson • Frederick White During your previous work session, it was suggested you make appointments from the following boards or interest groups: • Planning and Zoning Commission c�' leS owsS ye& • Parks and Recreation Board 7�na C�zr�etF • Board of Adjustment • EDC • Youth Advisory Cc unit • Business community /chamber of commerce Finally, you may wish to discuss council representatives and the chair or co -chair of the task force CITY OF KENNEDALE, TEXAS OFFICE OF THE CITY SECRETARY COUNCIL MEETING MINUTE SLIP DATE: NOVEMBER 11, 2010 REGULAR ITEMS: ITEM NUMBER: MOTION: COUNCIL MEMBERS MOTION SECOND AYE NAY ABSTAIN /ABSENT CLARK JOHNSON MILLER CARRINGTON TURNER ORDINANCE/RESOLUTION NO. CARRIED CONTRACT /AGREEMENT NO. FAILED FOLLOW UP: CITY SECRETARY'S FOLLOW UP: CITY OF KENNEDALE, TEXAS OFFICE OF THE CITY SECRETARY COUNCIL MEETING MINUTE SLIP DATE: NOVEMBER 11, 2010 REGULAR ITEMS: ITEM NUMBER: MOTION: COUNCIL MEMBERS MOTION SECOND AYE NAY ABSTAIN /ABSENT CLARK JOHNSON MILLER CARRINGTON TURNER ORDINANCE/RESOLUTION NO. CONTRACT /AGREEMENT NO. FOLLOW UP: J CITY SECRETARY'S FOLLOW UP: �WA"A-� gef — CARRIED FAILED CITY OF KENNEDALE, TEXAS OFFICE OF THE CITY SECRETARY COUNCIL MEETING MINUTE SLIP DATE: NOVEMBER 11, 2010 REGULAR ITEMS: ITEM NUMBER: MOTION: COUNCIL MEMBERS MOTION SECOND AYE NAY ABSTAIN /ABSENT CLARK JOHNSON MILLER CARRINGTON TURNER ORDINANCE/RESOLUTION NO. CARRIED CONTRACT /AGREEMENT NO. FAILED FOLLOW UP: r CITY SECRETARY'S FOLLOW UP: CITY OF KENNEDALE, TEXAS OFFICE OF THE CITY SECRETARY COUNCIL MEETING MINUTE SLIP DATE: NOVEMBER 11, 2010 REGULAR ITEMS: ITEM NUMBER. L, MOTION: COUNCIL MEMBERS MOTION SECOND AYE NAY ABSTAIN /ABSENT CLARK JOHNSON MILLER CARRINGTON TURNER ORDINANC SOLUTIO NO. CONTRACT /AGREEMENT NO. FOLLOW UP: CARRIED FAILED CITY SECRETARY'S FOLLOW UP: CITY OF KENNEDALE, TEXAS OFFICE OF THE CITY SECRETARY COUNCIL MEETING MINUTE SLIP DATE: NOVEMBER 11, 2010 REGULAR ITEMS: ITEM NUMBER: M COUNCIL MEMBERS MOTION SECOND AYE NAY ABSTAIN /ABSENT CLARK Z p�v✓Q JOHNSON MILLER CARRINGTON TURNER ORDINANCE SOLD N NO. `� CARRIED CONTRACT /AGREEMENT NO. FAILED FOLLOW UP: CITY SECRETARY'S FOLLOW UP: CITY OF KENNEDALE, TEXAS OFFICE OF THE CITY SECRETARY COUNCIL MEETING MINUTE SLIP DATE: NOVEMBER 11, 2010 REGULAR ITEMS: ITEM NUMBER: MOTION: COUNCIL MEMBERS MOTION SECOND AYE NAY ABSTAIN /ABSENT CLARK r/ JOHNSON MILLER CARRINGTON TURNER ORDINANCE SOLUTIO NO. J `f� CARRIED l CONTRACT /AGREEMENT NO. FAILED FOLLOW UP: CITY SECRETARY'S FOLLOW UP: CERTIFIED AGENDA KENNEDALE CITY COUNCIL EXECUTIVE SESSION — NOVEMBER 11, 2010 The Kennedale City , oun it convened into Executive Session on the 11 day of November 2010 at ` a CAf p.m., pursuant to the Texas Government Code, Section 551.071, 551.07 , 551.074, and 551.087 as posted on the agenda for this meeting. The following persons were present: Mayor Bryan Lankhorst, Mayor Pro -Tem, John Clark, Councilmembers Brian Johnson, Jerry Miller, Kelly Turner, and Liz Carrington; City Attorney, Wayne Olsen; and City Manager, Bob Hart. C. SUBJECT MATTER OF EACH DELIBERATION: In addition to private communications with the City Attorney, the following items were discussed: Section 551.071: 1. Settlement for 34 year CDBG surety settlement Section 551.072: 1. Little School Road re- alignment Section 551.072: 1. Lot 1, Block 1, Williamsburg Square Addition, 612 Little School Road, owned by Robert & Joann Bass 2. Lot 4A, Block 1, Williamsburg Square Addition, 619 N. Little School Road, owned by Morteza & Reza Maleki Naghami 3. Lot 4, Block 1, Williamsburg Square Addition, North Little School Road, owned by Nancy A. Bozeman 4. Lot 1A, Block 2, Woodlands Addition, 838 Woodland Court , owned by Jose and Anna Estrada 5. Lot 1A, Block 1, Woodlands Addition, 839 Woodland Court, owned by Paravane Rashidi - Birgani Section 551.087: Section 551.074 No other items were discussed and no further action was taken in this executive session. This executive session ended at 7"6(&m. on the 11 day of November 2010. Certified as true and correct: Bryan Lankhorst, Presiding Officer A LE 405 Municipal Drive, Kennedale, Texas 76060 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 COUNCIL Date; E f Is the matter you wish to discuss on the agenda? 0 Yes Agenda Item # -No Has this subject been discussed with any member or administrative staff? 0 Yes 0 No If yes, please list name and date: e �� C ° € � Name of Speaker: Address: Telephone Number: City Resident: Des 0 No Subiect:s' A LE 405 Municipal Drive, Kennedale, Texas 76060 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 COUNCIL Dateg. Is the matter you wish to discuss on the agenda? 0 Yes Agenda Item 4 Has this subject been discussed with any member or administrative staff? If yes, please list name and Name of Speaker: 0 Yes 0 No 0 No Telephone Number: j12 12 � � , % City ResidentLO'Yes 0 No Subject: Staff To the Honorable Mayor and City Council Date: November 11, 2010 Agenda Item No: X -B Subject: Approval Of Fort Worth Wholesale "Wastewater" Customer Advisory Committee (WCAC) Members Originated by: Sakura Moten - Dedrick Summary: On September 9, 2010, the City Council approved the appointment of the following individuals to serve on the Wholesale "Water" Customer Advisory Committee (WCAC) for FY10/11 & FY11/12: • Sakura Moten- Dedrick, Director of Finance & IT (Voting Member) • Mary Goza, Water Utilities Analyst /Operator (Non- Voting Member) Per Fort Worth's request, the City of Kennedale must also appoint /re- appoint two designated representative to serve on the Wholesale "Wastewater" Customer Advisory Committee (WCAC) for FY10/11 & FY11/12 and return the enclosed forms. For your information, it is highly recommended that different individuals be appointed to each position on the board, since a single person is only allowed to vote one time, regardless of their designation. Recommended Motion: For FY10/11 & FY11/12, staff recommends the following individuals serve on the aforementioned Committee and represent the City of Kennedale: ® Larry Ledbetter, Public Works Director (Voting Member) ® Bob Hart, City Manager (Non- Voting Member) Disposition by Council: Date: November 11, 2010 Agenda Item No: XI -C Subject: Public hearing, review, and consider action on CASE # PZ 10 -11 to amend Chapter 17, Article VII of the Kennedale city code by revising regulations governing sandwich board signs. Originated by: Rachel Roberts Summary: Sandwich board signs are permitted by city code and do not require a permit. Standards for such signs are described in the city code. City staff has noticed that some businesses using sandwich board signs have been in violation of the sign ordinance on a daily basis. Amending the sign ordinance to clarify regulations governing sandwich board signs so that standards for these signs are better understood by staff and by businesses using the signs may reduce violations and will set a higher standard for these signs that better fits the original intent of the sign ordinance. In the time since Kennedale adopted its sign ordinance in 2008, city staff have noticed continual violations of the sections of the ordinance governing sandwich boards. Although this problem is more an enforcement issue than a zoning issue, staff and commission members were concerned that the regulations governing sandwich board signs were unclear (to staff and to businesses using these signs) and needed to be revised. In addition, members of the Planning & Zoning Commission have noted that the sandwich board signs often in use were not the kind of sign envisioned when the original sign ordinance was drafted. In other words, while such signs may meet the requirements under the city code, the intent of the code was not met. The Planning & Zoning Commission asked staff to recommend changes to the sign ordinance, and the recommendations were discussing during the August and September meetings. The Commission held a public hearing on the proposed amendments during its October meeting and voted to recommend approval to council. If passed, the revisions will do the following: ■ Add language about what kind of materials may be used for sandwich board signs ■ Clarify that digital or illuminated sandwich board signs are not permitted ■ Emphasize that such signs are not permitted in the public right -of -way and are not permitted to block parking spaces or pedestrian ingress and egress ■ Clarify that only one sandwich board sign is permitted per tenant ■ Require sandwich board signs to be maintained A copy of the proposed amendments is included with this staff report. Recommendations: Staff recommends approval of the ordinance as submitted. Date: November 11, 2010 Agenda Item No: XI -D Originated By: Rachel Roberts Subject: Kennedale voters recently approved the legal sale and consumption of alcoholic beverages within the city, and the city code should be amended to reflect this change. The ordinance amendment proposed for your consideration restricts sales of alcohol within 300 feet of churches, schools, and public hospitals, using distance regulations established by the state, and allows for the operation of vineyards, wineries, micro - wineries, and micro - breweries. The hours of operation for businesses that sale alcoholic beverages are regulated almost entirely by the Texas Alcoholic Beverages Code, and the proposed ordinance follows TABC guidelines. The Planning & Zoning Commission held a public hearing on this item during its October meeting and voted to recommend approval of the proposed amendments. However, after discussions with the city attorney, we are making a number of changes to the draft ordinance. We will send the proposed ordinance to you as soon as we have the changes from the attorney. Date: November 11, 2010 Agenda Item No: XI -E Originated By: Rachel Roberts Subject: Public hearing, review, and consideration to receive comments and consider action to amend the Kennedale city code by amending Chapter 16 Parks, Recreation and Cultural Activities, Article III Parks and Playground Regulations, by adding regulations governing the sale of alcohol and alcoholic beverages. Originated by: Rachel Roberts Summary: This agenda item is a proposed amendment to the city code that would regulate the sale and consumption of alcohol in parks. Sale and consumption of alcohol would be prohibited except for special events for which a temporary permit has been issued by the city council. The city council would be authorized to grant such permits to non - profit groups and organizations. The ordinance defines special events and authorizes the council to charge a fee for the special events permit. Staff presented the parks - related part of the proposed alcohol ordinance during as a non - action item on the Park Board agenda on November 3 Board members asked whether fees collected (if fees are charged) would be credited to the parks department. We don't have a fee structure established yet, but generally, when the city charges fees for using a park facility, those fees go to the parks department budget. The board also asked whether people using the parks for weddings would be allowed to serve alcohol or champagne. The ordinance is drafted so that only non - profit organizations are allowed to obtain a special events permit, so weddings would not be allowed to serve alcohol in city parks. The city attorney is reviewing the proposed ordinance, and based on our discussions, I believe there will be some changes made to the ordinance before the meeting on Thursday. We will send the changes to you as soon as possible. Date: November 11, 2010 Agenda Item No: XI -F Subject: Approval of Resolution No. 339 designating as the official newspaper, Fort Worth Star Telegram Originated by: Bob Hart Summary: In accordance to the Local Government Code, Section 52.004 Official Newspaper, as soon as practicable after the beginning of each municipal year, the governing body of the municipality shall contract, as determined by ordinance or resolution, with a public newspaper of the municipality to be the municipality's official newspaper until another newspaper is selected. The statutory requirements for an official city newspaper in which a notice is published must: (1) devote not less than 25% of its total column lineage to general interest items; (2) be published at least once per week; (3) be entered as second -class postal matter in the county where published; and (4) have been published regularly and continuously for at least 12 months before the governmental entity or representative published notice. The Kennedale News does not currently meet provision (3). Rather than being mailed under the Periodicals (formerly Second -Class Mail) provision, the Kennedale News is published under Standard (A) Class Bulk Rate Mail. These distinctions are listed below: E. Periodicals (formerly Second -Class Mail) Periodicals is a class of mail consisting of magazines, newspapers, or other publications formed of printed sheets that are issued at least four times a year at regular, specified intervals (frequency) from a known office of publication. Periodicals usually must have a legitimate list of subscribers and requesters. For more information, contact OF Mail Services. G. Standard (A) Class Bulk Rate Mail To qualify, there must be a minimum of 200 pieces, or a mailing of 50 lbs. and all items must be presorted. No personal correspondence may be sent this way. In addition, all pieces must: • be printed or duplicated • be identical in size, weight, and number of enclosures • show the complete address of sender and receiver • be sorted by ZIP Code in ascending numerical order Consequently, staff recommends that the Fort Worth Star - Telegram be designated the official newspaper for the City of Kennedale. Recommendations: Staff recommends approval of Resolution No. 339 designating the Fort Worth Star Telegram as the official newspaper for the City of Kennedale Date: November 11, 2010 Agenda Item No: XI -G Subject: Authorize City Manager to execute a contract with Halff & Associates for the Comprehensive Land Use Plan update, including a trails plan and Village Creek concept plan Originated by: Bob Hart Summary: Kennedale will soon begin the process of updating its comprehensive land use plan. The city's current comprehensive plan does not reflect the city's vision, and updating the comprehensive plan is crucial to the success of achieving the city's long -term goals. The updated plan will include sections on future land use plan, transportation plan, and parks, as does our current plan, but the updated plan will reflect Kennedale's current planning policies and philosophies. In addition, because an important part of the city's vision is a restored, accessible Village Creek connected to a city -wide trail system, our comprehensive plan consultant will also develop a trails plan and concept plan for Village Creek as part of the update. We are still developing the timeline for the whole project, but we will begin preliminary work in December and have the official kick -off, including the first advisory committee meeting, in January. And although we don't have yet have the timeline developed, we do have an outline of the steps needed and the order in which we will proceed, which are provided in the scope of services. The contract and the scope of services from Halff & Associates follow this report. The total base fee for the project is $48,750, with additional reimbursable expenses (not to exceed without prior approval) of $1,000. Halff & Associate's work will encompass all three components of the update process (comprehensive plan, trails plan, Village Creek concept plan). The scope of services will also include a minimum of two stakeholder meetings and two public input meetings, as well as recommendations on how to implement the comprehensive plan update. Recommendations: Staff recommends authorization to sign the attached contract Date: November 11, 2010 Agenda Item No: XI -H Subject: Consider appointment of members to the Comprehensive Land Use Plan Update Task Force Originated by: Bob Hart Summary: An optimum number of task force members for Kennedale is approximately 15 to 20. An article was included in the most recent newsletter requesting volunteers to serve. We received interest from the following persons: • Cheryl Abbott • Dave McMillan • Don Harrelson • Frederick White During your previous work session, it was suggested you make appointments from the following boards or interest groups: • Planning and Zoning Commission • Parks and Recreation Board • Board of Adjustment • EDC • Youth Advisory Ccounil • Business community /chamber of commerce Finally, you may wish to discuss council representatives and the chair or co -chair of the task force Date: November 11, 2010 Agenda Item No: X -1 Subject: Review and consider action to approve Resolution No. 341, authorizing the Legal Counsel to proceed with condemnation of Lot 1, Block 1, Williamsburg Square Addition, for widening of Little School Road. Originated by: Bob Hart Recommendations: Staff recommends approval of the attached resolution Date: November 11, 2010 Agenda Item No: X -J Subject: Review and consider action to approve Resolution No. 342, authorizing the Legal Counsel to proceed with condemnation of Lot 4a, Block 1, Williamsburg Square Addition, for widening of Little School Road. Originated by: Bob Hart Recommendations: Staff recommends approval of the attached resolution Date: November 11, 2010 Agenda Item No: X -K Subject: Review and consider action to approve Resolution No. 343, authorizing the Legal Counsel to proceed with condemnation of Lot 4, Block 1, Williamsburg Square Addition for widening of Little School Road. Originated by: Bob Hart Recommendations: Staff recommends approval of the attached resolution Date: November 11, 2010 Agenda Item No: X -L Subject: Review and consider action to approve Resolution No. 344, authorizing the Legal Counsel to proceed with condemnation of Lot 1A, Block 2, Woodlands Addition for widening of Little School Road. Originated by: Bob Hart Recommendations: Staff recommends approval of the attached resolution Date: November 11, 2010 Agenda Item No: X -M Subject: Review and consider action to approve Resolution No. 345, authorizing the Legal Counsel to proceed with condemnation of Lot 1A, Block 1, Woodlands Addition for widening of Little School Road. Originated by: Bob Hart Recommendations: Staff recommends approval of the attached resolution