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09.11.2008 CC Minutes3358 MINTUES KENNEDALE CITY COUNCIL REGULAR MEETING -SEPTEMBER 11, 2008 405 MUNICIPAL DR. - KENNEDALE MUNICIPAL BLDG. COUNCIL CHAMBERS Mayor, Bryan Lankhorst called the meeting to order at 5:40 p.m., and announced that a quorum was present. Council present: Bryan Lankhorst John Clark David Green Brian Johnson Jerry Miller Council absent: Kelly Turner Staff present: Bob Hart Kathy Turner Wayne K. Olson Carolyn Marshall Tommy Williams Mike McMurray James Cowey Larry Ledbetter Mayor Mayor Pro-Tem, Place 1 Councilmember, Place 2 Councilmember, Place 3 Councilmember, Place 5 Councilmember, Place 4 City Manager City Secretary Legal Counsel Interim Director of Finance Chief of Police Fire Chief Building Official Director of Public Works I. WORK SESSION - 5:30 PM a. Open meetings briefing by legal counsel. Wayne Olson, Legal Counsel provided a power point presentation on Texas Open Government with specific emphasis on the Texas Open Meetings Act. b. Discussion on proposal to amend the Animal Control Ordinance in reference to wild animals. Bob Hart, City Manager explained to Council that a request to amend the animal control ordinance had been received from Doug Harrison, owner of Harrison Jet Guns to allow for the confinement of deer within the city limits. Hart implied that Mr. Harrison desires to use a portion of his property to confine deer for breeding purposes, and then transport the deer out of the area. An in-depth discussion pursued with what zoning districts would be acceptable, acreage required, fencing requirements, permits, liability insurance, review of policy for all wild animals, number of animals per square footage, and State requirements. It was suggested that city staff prepare an ordinance for the October meeting for the confinement of whitetail deer. 3359 c. Strategic Plan discussion. Bob Hart, City Manager reminded Council that Saturday, October 4 was the kick- off meeting for the strategic plan, which would be held from 9 a.m. to 4 p.m. Hart said that letters were mailed out to request citizen business owner's involvement and that it was essential for participation. d. Discussion on proposed sign ordinance. Two ordinances were presented before council for review. One consisted of the P&Z draft ordinance, and the second one consisted of an ordinance generated by city staff. Discussion followed with a recommendation directed at city staff to combine the current ordinance, and the two draft ordinances into one complete ordinance and present at the October meeting for review. Discuss and review any item on the agenda, if needed. No further discussion, Mayor Lankhorst closed the work session at 7:00 p.m. II. REGULAR SESSION Mayor, Bryan Lankhorst called regular session to order at 7:10 p.m. III. INVOCATION AND PLEDGE OF ALLEGIANCE Travis Carpenter with BSA Troop 396 gave the invocation followed by the Pledge of Allegiance being recited. IV. VISITOR/CITIZENS FORUM Pat Doescher, Chairman. with the Kennedale Chamber of Commerce announced the upcoming meetings for the Chamber: Monthly luncheon scheduled for September 17, 2008 from 11:30 a.m. to 1:00 p.m. at the Life Fellowship Church with Jeff Crilley being the guest speaker; Ambassador Committee Meeting scheduled. for September 23, 2007 from 5:30 p.m. to 7:00 p.m. at the Chamber of Commerce; and Taste of Kennedale scheduled for September 29, 2008 from 7:00 p.m. to 9:00 p.m. at the Kennedale High School Cafeteria. Doescher said that the upcoming events would kick off the new season for the Chamber, and that it would be a great time to get out and network. Ernest Harvey, 604 Oak Leaf Drive, Kennedale, TX and Lori Bryan, 605 Parkview Ct., Kennedale, TX addressed council with the creation of an Arts Advisory Board - Connecting the Dots. It was explained that connecting the dots referred to art, as art weaves itself in and out of society and a community. Art serves as a community thread that can connect the residents with city facilities, as well as the schools and businesses, and provide community enrichment, appeal, appearance, and trade. In addition, art enhances learning, human experience, quality of life, economic development, and the overall community. To conclude the presentation, ways the dots could be connected were summarized. It was suggested to create an Arts Advisory Board; Intergrade the Arts Advisory Board into the 3360 city's processes as advisors; have the Arts Advisory Board reach out to the community through the schools, residents, community center, and city boards/commissions; commission the board to develop a Master Plan for the Arts defining short and long term goals; and seek out grants, endowments, donations and partnerships in support of the Arts and Arts based initiatives. V. REPORTS/ANNOUNCEMENTS a. City Manager Bob Hart, City Manager advised Council that city staff would prepare sandbags and have ready for delivery in preparation for Hurricane Ike. b. City Council Councilmember, David Green spoke of the tragic events of 9-1-1 and asked everyone to keep those families in their thoughts, as they must continue to deal with the loss of loved ones on a day to day basis. Councilmember, Brian Johnson wished Major, Charles Overstreet (Planning and Zoning Commissioner) a safe return from Iraq, thanked F W T, Inc. (Fred Moore) for making new sign for the Kennedale Fire Department, and thanked persons involved with presentation of Arts Festival. c. Mayor - No Reports/Announcements. VI. CONSENT AGENDA a. Approval of minutes: Regular Meeting dated August 14, 2008; Special Meeting dated August 21, 2008; and Special Meeting dated August 28, 2008. b. Approval to authorize the City Manager to execute an Interlocal Agreement for participation in Fort Worth's Environmental Collection Center Household Hazardous Waste Program. Approval to authorize the City Manager to execute a contract with Teague, Nall and Perkins for Engineering Services in regards to Tarrant County Road Projects. Mayor Pro-Tem, John Clark moved to approve the consent agenda contingent upon corrected pages 7 of 28, 8 of 28, 9 of 28, and 24 of 28 being inserted into Teague Nall and Perkins contract, second by Councilmember, David Green. Motion carried (4-0). VII. REGULAR ITEMS d. Public hearing, Review and Consider Action to approve Planning and Zoning Case #08-IO - Re-plat of Block 2, Lot 6, Oliver Acres Subdivision (4.28 acres) to that of Block 2, Lot 6R1 (1 acre) and Block 2, Lot 6R2 (3.28 acres). Property is located at 1200 Swiney Hiett Road, Kennedale, Texas. Requested by Ricardo Trevino. 1. Staff Presentation of Case err 2. Applicant Presentation of Case 3. Public Hearing 3361 4. Applicant Response 5. Staff Response and Summary of Case 6. Action on Case Rick Trevino, Owner Applicant of P&Z Case #08-10 submitted a letter to withdraw his case from the agenda. No action was taken by the City Council. Review and Consider action to appoint one Alternate to the Board of Adjustments. Councilmember, Jerry miller moved to table the appointment of an Alternate to the Board of Adjustments until the October 9, 2008 regular council meeting, second by Councilmember, David Green. Motion carried (4-0). Review and Consider action to approve Ordinance No. 409, adopting budget for fiscal year 2008-2009. Councilmember, Brian Johnson moved to approve Ordinance No. 409, adopting the budget for fiscal year 2008-2009, second by Mayor Pro-Tem, John Clark. Councilmember, Jerry Miller questioned over time expenses and car allowance in KEDC budget. It was noted that over time expense would be removed from the budget, and that car allowance was approved in accordance to agreement established. between employee and the KEDC Board of Directors. Motion carried to approve the fiscal year 2008-2009 budget with all members present voting in favor. (4-0). g. Review and Consider action to approve Ordinance No. 410, adopting 2008 tax rate of $0.722500 per $100 of taxable value. Mayor Pro-Tem, John Clark moved that property taxes be increased by the adoption of a tax rate of $72.25 cents, second by Councilmember, Brian Johnson. Motion carried (4-0). h. Review and Consider action to ratify property tax increase reflected in the FY 2008-2009 Budget. Mayor Pro-Tem, John Clark moved to ratify the property tax increase reflected in the budget, second by Councilmember, Brian Johnson. Motion carried (4-0). Review and Consider action to nominate members to serve on the Texas Municipal League Intergovernmental Risk Pool (Workers' Compensation Property and Liability) Board of Trustees. Mayor Pro-Tem, John Clark moved to nominate the following members to serve on the Texas Municipal League Intergovernmental Risk Pool (Workers' Compensation Property and Liability) Board of Trustees: E. "Henry" Garcia for Place 1; Garry B. Watts for Place 2; Paul Parker, incumbent, for Place 3; and Rickey C. Childers, incumbent, for Place 4. Motion second by Councilmember, Brian Johnson. Motion carried (4-0). 3362 Review and Consider action to appoint/re-appoint Board of Directors to the Kennedale Economic Development Corporation. Councilmember, Brian Johnson moved to table appointment/re-appointment of Board of Directors to the Kennedale Economic Development Corporation until the October 9, 2008 regular council meeting. Motion second by Councilmember, Jerry Miller. Motion carried (4-0). No further business before the City Council, Mayor, Bryan Lankhorst recessed the meeting at 7:56 p.m. to enter into executive session. VIII. 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; open meetings act, advice on noise regulations and regulation of sexually oriented businesses. 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. Oak Crest Properties IX. RECONVENE INTO OPEN SESSION, AND TAKE ACTION NECESSARY PURSUANT TO EXECUTIVE SESSION, IF NEEDED. Mayor, Bryan Lankhorst reconvened into open session at 8:12 p.m. Mayor Pro-Tem, John Clark moved to authorize legal counsel to proceed with the closing of lien on Lot 14, Block 7, Oak Crest Addition, second by Councilmember, David Green. Motion carried (4-0). X. ADJOURNMENT Councilmember, Brian Johnson moved to adjourn the meeting at 8:13 p.m., second by •~,,a~~~"C'duq~ilmember, David Green. Motion carried (4-0). ,,••` OF KEN~y,~ ,, ~''~ V ~~ ~ =' ayor, Bryan Lankhorst Kathy Turne , ity Secretary