Loading...
10.11.2007 CC Minutes3279 MINUTES KENNEDALE CITY COUNCIL REGULAR MEETING -OCTOBER 11, 2007 405 MUNICIPAL DR. - KENNEDALE MUNICIPAL BLDG. Mayor Lankhorst called the meeting to order at 5:30 p.m. Members present: Mayor, Bryan Lankhorst; Mayor Pro-Tem, John Clark; Councilmember's Brian Johnson, Jerry Miller, David Green, and Ronnie Nowell. Members absent: None Staff present: Bob Hart, City Manager; Celeste Brown, Administrative Assistant; Clifford Blackwell, III, Director of Finance; Mark White, Community Development Director; Larry Hoover, Code Compliance Officer; Tommy Williams, Chief of Police; Scott Raven, Fire Chief; Glenn Greenwood, Street Superintendent; and Wayne K. Olson, Legal Counsel. I. WORK SESSION Discussion will take place on the following items: a. Overlay District Councilmember, Jerry Miller addressed the Overlay District Ordinance. Miller advised that the overlay ordinance included in the Council packet would not override the existing ordinance established for the Loop 820/I-20 corridor and Business 287 south east to the center line of Village Creek due to ongoing litigation. However, the proposed ordinance would amend the existing ordinance beginning with the centerline of Village Creek proceeding southeast through the city limits to the city limit line. Miller said Council would notice building regulations were omitted due to ongoing discussions, and that landscaping and signage section had been amended to refer people to those specific ordinances. Open discussion then took place regarding the proposed amendments and the need to identify and articulate the city's future development. Additional meetings will be held with the city advisory boards and council prior to sending the ordinance to the Planning and Zoning Commission for required public hearings, and final adoption before Council. b. Landscape Ordinance - No discussion. c. Brownsfield Grant - No discussion. d. UTA Citizen Opinion Survey questions - No discussion. e. Any item on the agenda, if needed. No further discussion, Mayor Lankhorst closed the work session at 6:55 p.m. II. REGULAR SESSION Mayor Lankhorst called the regular session to order at 7:00 p.m. 3280 III. IV. V. VI. INVOCATION AND PLEDGE OF ALLEGIANCE Council recited the Pledge of Allegiance, and Bob Hart, City Manager gave the invocation. PRESENTATION(S) a. Mayor Lankhorst will present a Proclamation declaring Municipal Court Week. Mayor Lankhorst presented a Proclamation to Bobbie Spence, Court Administrator declaring November 5 through 9, 2007 as Municipal Court Week. VISITOR/CITIZENS FORUM Eric Elam, 349 Kennedale Sublett Rd., Kennedale, TX addressed Council regarding his concerns with the city's property manager, Quine and Associates who manage the shopping center strip. REPORTS/ANNOUNCEMENTS a. City Manager Bob Hart, City Manager announced that October was Fire Prevention Month, which is actively promoted by the National Fire Association and fire departments across the country. Hart said an open house was scheduled by the Kennedale Fire Department on Saturday, October 13`" from 12 noon till 3 p.m., and invited everyone to attend. b. City Council Councilmember, Brian Johnson thanked the Chamber of Commerce for holding their annual golf tournament, and said it was very successful. Mayor Pro-Tem, John Clark welcomed Councilmember, Ronnie Nowell back. Councilmember, Ronnie Nowell thanked the Fire Department for their assistance at last month's council meeting, and said his illness was nothing major. Councilmember, Jerry Miller asked for an update on the city's telephone system and web portal. Bob Hart, City Manager advised that Charter was making connections this week, and system should be up and running in three weeks. Wireless system should follow with the creation of the web portal, and on-going work is being conducted with several businesses throughout town and data is being loaded at present. Hart said he is waiting on feed back to finalize process and portal should be up and running within two months, then an intra-net should be established within the community. VII. c. Mayor - No reports/announcements. PUBLIC HEARING(S) a. To receive citizens comments regarding Case #PZ 07-04, a request for re-plat of 2.358 acres with the proposed legal description being Lot 1RA and 1RB, Block A 3281 of the Lilly Estates Addition in the City of Kennedale, Tarrant County, Texas. The property's current legal description is Lot 1, Block A of the Lilly Estates Addition located at 320 N Little School Road as requested by James and Sandra Dailey. Ron and Sandy Dailey of 6608 Glen Dale, Arlington, Texas 76107 registered to answer questions regarding Case #PZ 07-04, if any. No other persons registered to speak for or against Case #PZ 07-04; therefore Mayor Lankhorst closed the public hearing. b. To receive citizens comments regarding Case #PZ 07-05, a request for rezoning of 0.3696 acres with the legal description being Lot 24, Block 4 of the Oak Crest Addition in the City of Kennedale, Texas, Tarrant County. The address is 5417 High Ridge Road. The zoning at the present time is "C-1" (Restricted Commercial) and is proposed to rezone to "MH" (Manufactured Home) as requested by Robert C. Moren Jr. No persons registered to speak for or against Case #PZ 07-05; therefore Mayor Lankhorst closed the public hearing. VIII. CONSENT AGENDA Bob Hart, City Manager requested item d removed from the consent agenda. Councilmember, Jerry Miller requested item a removed from the consent agenda. a. Approval of minutes: Regular Meeting dated September 13, 2007. b. Consider approval of Resolution No. 238, approving certain enumerated projects by the KEDC and authorizing expenditures for those projects. c. Consider approval of Resolution No. 239, authorizing the City Manager to enter into an agreement with Texas Department of Transportation to provide funding for a Selective Traffic Enforcement Program (STEP) Wave Grant. d. Consider approval of Change Order No. 1 for T-3 Pump Station at Gail Street. e. Consider approval of Interlocal Agreement between the City of Arlington and City of Kennedale to provide for the transfer, quit claim and assignment from Arlington to Kennedale of that part of the Kee Branch Water Supply System that exists in the city limits of Kennedale. £ Consider approval of Resolution No. 240, authorizing the submittal of a Community Wide Brownsfield Assessment Grant. g. Consider approval of Resolution No. 241 suspending rate increase proposed by Atmos Energy Corporation. Mayor Pro-Tem Clark moved to approve consent agenda excluding items d and e. Motion second by Councilmember Nowell. Motion carried (5-0). 3282 IX. REGULAR ITEMS d. Consider approval of Change Order No. 1 for T-3 Pump Station at Gail Street. Councilmember Nowell moved to approve Change Order No. ]for T-3 Pump Station at Gail Street, second by Councilmember Johnson. Motion carried (5-0). Consider approval of Interlocal Agreement between the City of Arlington and City of Kennedale to provide for the transfer, quit claim and assignment from Arlington to Kennedale of that part of the Kee Branch Water Supply System that exists in the city limits of Kennedale. Councilmember Miller moved to approve Interlocal Agreement between the City of Arlington and City of Kennedale to provide for the transfer, quit claim and assignment from Arlington to Kennedale of that part of the Kee Branch Water Supply System that exists in the city limits of Kennedale, second by Councilmember Green. Motion carried (5-0). h. Review and Consider Ordinance No. 378, Altering the Prima Facie Speed Limits established for vehicles under the provisions of the Transportation Code, Chapter 545, Section 545.356, upon the basis of an Engineering and Traffic Investigation upon certain streets and highways, or parts thereof, within the corporate limits of the City of Kennedale as set out in the Ordinance: and providing a penalty of a fine not to exceed $500.00 for violation of this ordinance. Mayor Pro-Tem Clark moved to table Ordinance No. 378 to allow City Manger to question if speed limit increase will have an adverse reaction on driveway cuts along Kennedale Parkway, second by Councilmember Miller. Motion carried (5- 0). Review and consider Case #PZ 07-04, a request for re-plat of 2.358 acres with the proposed legal description being Lot 1 RA and ] RB, Block A of the Lilly Estates Addition in the City of Kennedale, Tarrant County, Texas. The property's current legal description is Lot 1, Block A of the Lilly Estates Addition located at 320 N Little School Road as requested by James and Sandra Dailey Councilmember Johnson moved to approve Case #PZ 07-04, re-plat of Lilly Estates, Lot 1 RA and 1 RB, Block A. Motion second by Councilmember Miller. Motion carried (5-0). Review and consider Ordinance No. 379, Case #PZ 07-05, a request for rezoning of 0.3696 acres with the legal description being Lot 24, Block 4 of the Oak Crest Addition in the City of Kennedale, Texas, Tarrant County. The address is 5417 High Ridge Road. The zoning at the present time is "C-1" (Restricted Commercial) and is proposed to rezone to "MH" (Manufactured Home) as requested by Robert C. Moren Jr. Councilmember Green moved to deny Ordinance No. 379, second by Mayor Pro- Tem Clark. Motion carried (5-0). n 3283 k. Review and consider appointments/re-appointments to the Kennedale Economic Development Corporation. Councilmember Miller recommended Donnie Graham be moved from an Alternate position on the Board of Adjustment to a regular member on the KEDC. Councilmember Miller then moved to appoint Donnie Graham to Place 5 to serve a two year term to expire 2009, second by Councilmember Johnson. Motion carried (5-0). Mayor Pro-Tem Clark moved to re-appoint Rob Morris to Place 1, and Beverly Hayes to Place 3 to serve a two year term to expire 2009. Councilmember Miller recommended splitting above appointments. Mayor Pro-Tem Clark revised motion to re-appoint Beverly Hayes to Place 3 to serve atwo-year term to expire in 2009, second by Councilmember Nowell. Motion carried (5-0). Mayor Pro-Tem Clark moved to re-appoint Rob Morris to Place 1 to serve atwo- year term to expire in 2009, second by Councilmember Green. Councilmember Nowell requested discussion on appointment in executive session. Legal Counsel advised agenda not posted for discussion and could not be done during this meeting. Mayor Pro-Tem Clark withdrew his motion to allow further discussion on other applicants; Councilmember Green withdrew his second. . Mayor Lankhorst called upon applicant, Rebecca Mowell to introduce herself. . Mrs. Mowell introduced herself and gave a brief background before Council. Councilmember Johnson moved to appoint Rebecca Mowell to Place 7 to serve a two-year term, second by Councilmember Nowell. Motion carried (5-0). Mayor Pro Tem Clark moved to withhold appointment of Place 1 until further discussion at appropriate time, second by Councilmember Nowell. Motion carried (5-0). 1. Review and consider approval to authorize City Manager to execute agreement with Tarrant County for the construction of the 6100 block of Pennsylvania Avenue. Councilmember Johnson moved to authorize City Manager to execute agreement with Tarrant County for the construction of the 6100 block of Pennsylvania Avenue, second by Councilmember Miller. Motion carried (5-0). No further business, Mayor Lankhorst recessed the meeting at 7:50 p.m. to enter into executive session. 3284 X. 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 and legal issues regarding amortization of nonconforming uses; weight permits on Dick Price Road; regulation of sexually oriented businesses; impact fees; and litigation, settlement offers, and/or claims regarding the following matters: 1. H&A Land Corporation, d/b/a Showtime Cabaret v. City of Kennedale; Cause No. 402-CV-0458-Y (Dreamer's). 2. City of Kennedale v. Log Cabin; Cause No. 342-218988-06. 3. Triple X Sign Litigation. 4. Zoning Case at 6901 Mansfield Cardinal Road. XI. RECONVENE INTO OPEN SESSION, AND TAKE ACTION NECESSARY PURSUANT TO EXECUTIVE SESSION, IF NEEDED. Mayor Lankhorst reconvened into open session at 9:09 p.m. with no action taken on executive session items. XII. ADJOURNMENT Councilmember Nowell moved to adjourn the meeting at 9:10 p.m., second by Councilmember Miller. Motion carried (5-0). •~'~• Of KENN ~~ ~-, PROVED: ;,~J...~......~ ~© . ` . U •, :ter :*: a/~ ~~'. : Q:' Ma or, Bryan Lankhorst ..• A~'~Gv~;•••. Kathy Turne ,City Secretary lJ