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05.20.2008 CC Minutes 3323 MINUTES KENNEDALE CITY COUNCIL SPECIAL MEETING – MAY 20, 2008 405 MUNICIPAL DR. – KENNEDALE MUNICIPAL BLDG. Mayor Pro-Tem, John Clark called the meeting to order at 5:33 p.m. Members present: Mayor Pro-Tem, John Clark, Councilmember’s Brian Johnson, Jerry Miller, Ronnie Nowell, and David Green. Also, in attendance was newly elected Councilmember, Kelly Turner. Members absent: Mayor, Bryan Lankhorst Staff present: Bob Hart, City Manager; Kathy Turner, City Secretary; Clifford Blackwell, III, Director of Finance; Chief of Police, Tommy Williams; Mike McMurray, Fire Chief; Crystal Tort, Planning Assistant; Larry Ledbetter, Director of Public Works; and Glenn Greenwood, Street Superintendent. I.WORK SESSION a. Tarrant County road projects. Bob Hart, City Manager addressed Tarrant County road projects, which includes Sublett Road East, Bowman Springs Road, and Little School Road. Hart presented Council with a map reflecting modifications to the road projects, discussed projected construction costs, and said a target completion date was scheduled for the year 2013. b. Fire Station. Mike McMurray, Fire Chief presented a power point presentation pointing out cracks within the bay and driveway of the fire station. He addressed past methods used to stabilize the font drive lanes, and said due to recent settlement and additional cracking, the need for stabilization of the concrete drive was needed again. McMurray recommended Council authorize Ureteck ICR to inject hydro- insensitive polyurethane material to the front drive to help stabilize, seal, and reduce the amount of cracking and shifting that is taking place. c. Investment Report. Clifford Blackwell, IIII, Director of Finance addressed the Quarterly Investment Report outlining the percentages of the City funds invested in certain accounts, along with the market value of all invested funds. Also, provided was a comparison of interest rates among the City’s participating investment pools to the Treasury-bills that matured during the same quarter. d. Discuss and review any item on the agenda, if needed. Councilmember, Brian Johnson questioned regular item VIII.-k, household hazardous waste disposal, and inquired about the cost involved. 3324 Bob Hart, City Manager replied that he anticipates approximately 30 residents to use the service, which would result in an approximate cost of One Thousand Four Hundred Ten Dollars ($1,410.00). Hart implied that Kennedale was the only Tarrant County city that does not currently participate in the program, and that if the City does not provide a location for residents to dispose of these types of materials, they usually end up dumped within the City. Other areas discussed included monitoring the program June through September to see if adjustments would be needed to the contract, implementation of a voucher system, establishing a holding area, and notification to residents that the service is available. Councilmember, David Green inquired about regular item VIII.-m, replacement of well pump and motor to the Trinity Well Site #2. Larry Ledbetter, Director of Public Works replied that the well was hit by lightening and would require the replacement of a well pump and motor. No further discussion, Mayor Pro-Tem, recessed the work session prior to enter into special session at 6:50 p.m. II. SPECIAL SESSION Mayor Pro-Tem, John Clark called the special session to order at 7:01 p.m. III. INVOCATION AND PLEDGE OF ALLEGIANCE Bob Hart, City Manager provided the invocation, followed by City Staff leading the Pledge of Allegiance. IV. VISITOR/CITIZENS FORUM Pat Doescher, Chairman with the Kennedale Chamber of Commerce recapped recent rd events held by the Chamber, which included the Candidate Forum, and the 3 Annual Kar Show. Doescher thanked the City for allowing the Chamber use of the city’s property, and said plans are already underway for next year’s event. V. REPORTS/ANNOUNCEMENTS a. City Manager Bob Hart, City Manager announced the following: 1. Merger of water/wastewater/streets and parks departments to form a public works department, in which Larry Ledbetter would be named Director of Public Works; 2. Annual Chamber of Commerce Awards Luncheon to be held Wednesday, May st 21 at 11:30 a.m. at Life Fellowship Church, in which various awards will be awarded including police, fire, and city employee of the year award; th 3. Construction on Pennsylvania Avenue will begin Tuesday, May 27; st 4. Rodgers Farm Park dedication scheduled for Saturday, June 21 at 10:00 a.m.; 5. Tremendous turn out for the recent spring clean up, which 63 tons of debri was collected. Another clean up scheduled in the fall; and nd 6. Building Board of Appeals meeting scheduled for Thursday, May 22, in which hearing would be held to demolish 8 structures. 3325 b. City Council Councilmember, David Green expressed thanks to the following individuals: 1. Pat Doescher, Chairman with the Kennedale Chamber of Commerce for her rd efforts with the 3 Annual Kar Show; 2. James Peterson, Kennedale Patrol Officer for his leadership and willingness for interviews during the James A. Arthur Elementary Career Day; and 3. Mike McMurray, Fire Chief and Fire Department for their participation in Career Day at James A. Arthur Elementary. Councilmember, Jerry Miller acknowledged Mayor Pro-Tem, John Clark’s wife, Rebecca Clark for receiving an award for Teacher of the Year from the South Tarrant Chamber of Commerce. Councilmember, Brian Johnson thanked the Chamber of Commerce for hosting the rd 3 Annual Kar Show. c. Mayor Pro-Tem – No reports/announcements. VI. OFFICIAL CANVASS OF ELECTION a. Review and consider approval of Resolution No. 248, canvassing May 10, 2008 General Election. Councilmember, Brian Johnson moved to approve Resolution No. 248, canvassing the May 20, 2008 General Election, second by Councilmember, Jerry Miller. Motion carried (5-0). b. Mayor Pro-Tem, John Clark will present a plaque to outgoing Councilmember, Ronnie Nowell. Mayor-Pro Tem, John Clark presented a plaque to outgoing Councilmember, Ronnie Nowell on behalf of the Council in recognition for his outstanding leadership and service to the citizens of Kennedale as Council Member from May 15, 2004 – May 10, 2008. c. City Secretary will issue Statement of Elected Official and Oath of Office to re- elected Councilmember, David D. Green, and newly elected Councilmember, Kelly Turner. City Secretary, Kathy Turner issued the Statement of Elected Official and Oath of Office to re-elected Councilmember, David D. Green, and newly elected Councilmember, Kelly Turner. d. Mayor Pro-Tem, John Clark will present a Certificate of Election to re-elected Councilmember, David D. Green, and newly elected Councilmember, Kelly Turner. Mayor Pro-Tem, John Clark presented a Certificate of Election to re-elected Councilmember, David D. Green, and newly elected Councilmember, Kelly Turner. Kelly Turner then took his seat among Council. 3326 e. Review and consider approval of Election Register. Councilmember, Brian Johnson moved to approve the election register, second by Councilmember, Jerry Miller. Motion carried (5-0). VII. CONSENT AGENDA a. Consider approval of Investment Report. b. Consider Pennsylvania reconstruction inspection services (Teague, Nall and Perkins Engineering not to exceed Forty Five Thousand Dollars ($45,000.00). c. Consider award of bid for Live Scan – Awarded to Crossmatch Technologies in an amount of Twenty Nine Thousand, Eight Hundred Five Dollars ($29,805.00). d. Consider approval of Resolution No. 249, designating the Kennedale News as the official newspaper and the Fort Worth Star Telegram as the alternate newspaper for the City. e. Consider award of bid for refurbishing driveway at Fire Station – Awarded to Uretek ICR in the amount of Thirty Eight Thousand Dollars ($38,000.00). f. Consider approval of Ordinance No. 396, amending the creation of the Parks and Recreation Board. Councilmember, Jerry Miller moved to approve consent agenda items a through f, second by Councilmember, David Green. Motion carried (5-0). VIII. REGULAR ITEMS g. Review and consider approval of Ordinance No. 395, amending the Comprehensive Zoning Ordinance of the City of Kennedale, Texas, as amended, by adding a new “C-0” Retail Commercial District, and amending the Schedule of Uses to reflect the new retail commercial district. Councilmember, Brian Johnson moved to approve Ordinance No. 395, amending the Comprehensive Zoning Ordinance of the City of Kennedale, Texas, as amended, by adding a new “C-0” Retail Commercial District, and amending the Schedule of Uses to reflect the new retail commercial district, second by Councilmember, Jerry Miller. Motion carried (5-0). h. Review and consider approval of Ordinance No. 400, amending the Zoning Ordinance of the City of Kennedale, Texas, as amended, by amending the authority of the Planning and Zoning Commission and the City Council to allow the consideration of different zoning classifications when reviewing a zoning application; and providing for the notice for public hearings on zoning amendments. Councilmember, Jerry Miller moved to approve Ordinance No. 400, amending the Zoning Ordinance of the City of Kennedale, Texas, as amended, by amending the authority of the Planning and Zoning Commission and the City Council to allow the consideration of different zoning classifications when reviewing a zoning 3327 application; and providing for the notice for public hearings on zoning amendments, second by Councilmember, David Green. Motion carried (5-0). i. Public hearing, review and consider approval of Ordinance No. 397, amending Chapter 17, Article VII, of the Kennedale City Code (1991), as amended, to make changes to the city’s sign regulations; adding definitions of changeable electronic variable message sign (CEVMS) and sign code application area, and amending off- premise sign and regulations governing them. 1. Staff presentation of case - Crystal Tort, Planning Assistant briefed Council on the amendment to the city’s sign ordinance, and advised that the Planning and Zoning Commission approved the amendment with a 7-0 vote. 2. Public Hearing – No persons registered to speak for or against proposed Ordinance No. 397, amending the city’s sign ordinance. Mayor Pro-Tem, John Clark closed the public hearing at 7:30 p.m. 3. Action on case – Councilmember, Brian Johnson moved to approve Ordinance No. 397, amending Chapter 17, Article VII, of the Kennedale City Code (1991), as amended, to make changes to the city’s sign regulations; adding definitions of changeable electronic variable message sign (CEVMS) and sign code application area, and amending off-premise sign and regulations governing them, second by Councilmember, Jerry Miller. Motion carried (5-0). j. Review and consider approval of Ordinance No. 398, regulating Secondary Metal Recyclers. Mayor Pro-Tem, John Clark recommended the word “Keenedale” be corrected to reflect “Kennedale” in Section 11.254, sixth sentence. Councilmember, Brian Johnson moved to approve Ordinance No. 398, regulating Secondary Metal Recyclers with correction noted above, second by Councilmember, Kelly Turner. Motion carried (5-0). k. Review and consider approval to authorize City Manager to execute an agreement with the City of Fort Worth for household hazardous waste disposal. Councilmember, David Green moved to authorize the City Manager to execute an agreement with the City of Fort Worth for household hazardous waste disposal, second by Councilmember, Jerry Miller. Motion carried (5-0). l. Review and consider approval of Ordinance No. 399, amending the existing Gas Franchise between the City and Atmos Energy Corporation to provide for a different consideration. Councilmember, Brian Johnson moved to approve Ordinance No. 399, amending the existing Gas Franchise between the City and Atmos Energy Corporation to provide for a different consideration, second by Councilmember, David Green. Motion carried (5-0). 3328 m. Review and consider approval to authorize City Manager to make emergency expenditure for the replacement of the well pump and motor on Trinity Well Site #2. Councilmember, Jerry Miller moved to authorize City Manager to make emergency expenditure for the replacement of the well pump and motor on Trinity Well Site #2 in the amount of Seventy Seven Thousand, Eight Hundred Eight Six Dollars ($77,866.00). Motion second by Councilmember, Kelly Turner. Motion carried (5-0). No further discussion, Mayor Pro-Tem, John Clark recessed the meeting to enter into executive session at 7:47 p.m. IX. 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 1. Property located at 209 N. New Hope Road, Kennedale, TX (Old City Hall) X. RECONVENE INTO OPEN SESSION, AND TAKE ACTION NECESSARY PURSUANT TO EXECUTIVE SESSION, IF NEEDED. Mayor Pro-Tem, John Clark reconvened into open session at 8:13 p.m. with no action taken on executive session item. XI. ADJOURNMENT Councilmember, Jerry Miller moved to adjourn the meeting at 8:14 p.m., second by Councilmember, David Green. Motion carried (5-0). APPROVED: Mayor, Bryan Lankhorst ATTEST: Kathy Turner, City Secretary