10.09.2008 CC Minutes3363
MINUTES
KENNEDALE CITY COUNCIL
REGULAR MEETING -OCTOBER 9; 2008
405 MUNICIPAL DR. - KENNEDALE MUNICIPAL BLDG.
COUNCIL CHAMBERS
it
Mayor, Bryan Lankhorst called the meeting to order at 5:37 p.m., and announced that a quorum
was present.
Council present: Bryan Lankhorst
John Clark
David Green
Brian Johnson
Kelly Turner
Jerry Miller
Staff present Bob Hart
Cindy Henry
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 4
Councilmember, Place 5
City Manager
Asst. to City Manager/HR
City Secretary
Legal Counsel
Interim Director of Finance
Chief of Police
Fire Chief
Building Official
Director of Public Works
L WORK SESSION
a. Discuss electric power contract with Cities Aggregation Power Project, Inc.
("CAPP").
Bob Hart, City Manager provided a power point presentation on the Cities
Aggregation Power Project ("CAPP") participation in long-term power purchase
agreement. The presention included CAPP Board goals in seeking a long term
power agreement, CAPP's long term power purchase plan, fiscal year economics,
illustrative 2009 monthly payments, advantages/disadvantages of the power
purchase agreement, important issues, contract protections, and risk assessment.
b. Discuss Strategic Plan Session.
Bob Hart, City Manager presented Council with a listing of the task forces that
were created from the Strategic Planning Session including committee members for
each. Hart advised that additional discussion would take place regarding such at
the next scheduled council meeting.
c. Discuss and review any item on the agenda, if needed.
Legal Counsel, Wayne K. Olson briefed council on a recent ruling from the
Attorney General's Office regarding requirements for posted agenda items under
the Open Meetings Act.
3364
Mr. Olson implied that listing an agenda item as "City Manager Report" is no
longer sufficient to meet the notice requirements of the Open Meetings Act because
such terms are too general to inform the public about the issues to be discussed.
Next, Olson said that listing an agenda item as "Council Comments" is now more
difficult to justify. He suggested that a better practice would be for a
councilmember who whishes to comment on a matter of public concern to advise
the city secretary more than 72 hours prior to the meeting to ensure that a specific
agenda item description is posted and the notice requirement of the Act is met.
In addition, Olson addressed citizen comments. He said if the governmental body
knows what specific topic a citizen is going to address, then that particular matter
needed to be posted on the agenda. However, in most circumstances, it is sufficient
to post an agenda item as "Visitor/Citizens Forum."
There being no further discussion, Mayor Lankorst recessed the work session at
7:00 p.m.
II. REGULAR SESSION
Mayor, Bryan Lankhorst called regular session to order at 7:20 p.m.
III. INVOCATION AND PLEDGE OF ALLEGIANCE
Bob Hart, City Manager gave the invocation followed by the Pledge of Allegiance being
recited.
IV. VISITOR/CITIZENS FORUM
Billie Williams, 503 3`d St., Kennedale, TX spoke to council regarding the need for a
medical facility to be located within the city limits of Kennedale.
V. REPORTS/ANNOUNCEMENTS
No reports/announcements were issued due to the recent ruling from the Attorney
General's Office in regards to specific agenda posting detailing what items would be
reported or announced.
a. City Manager
b. City Council
c. Mayor
VI. CONSENT AGENDA
a. Approval of minutes: Regular Meeting dated September 11, 2008.
b. Approval of Quarterly Investment Report.
c. Approval of Resolution No. 258, denying the rate increase proposed by Oncor
Electric Delivery Company, LLC.
3365
d. Approval of Ordinance No. 411, approving a negotiated resolution between the
Atmos Cities Steering Committee and Atmos Energy Corp., Mid-Tex Division
regarding the company's rate review mechanism filing in all cities.
e. Approval to authorize the City Manager to execute a contract with UTA for
strategic planning process.
f Approval to authorize the City Manager to make an emergency expenditure on
Trinity Well #4 to replace the well pump and motor
g. Approval to pwchase of patrol units through Tarrant County Cooperative
Purchasing Program.
h. Approval to authorize inter-city equipment sale to the City of Westover Hills
Councilmember, Brian Johnson moved to approve consent agenda items a through
h as presented, second by Mayor Pro-Tem, John Clark. Motion carried (5-0).
VII. REGULAR ITEMS
Public Heazing, Review and Consider Action to approve Ordinance No. 412,
amending Article VI "Zoning" of Chapter 17 "Planning and Land Development" of
the Code of the City of Kennedale, Texas (1991), as amended, to make changes to
the landscape standards for conditional use permits and overlay districts.
l . Staff Presentation of Case
2. Public Hearing
3. Staff Response and Summary of Case
4. Action on Case
Councilmember, Brian Johnson moved to defer this item until the November
meeting to allow for publication of public hearing, second by Councilmember,
Jerry Miller. Motion carried (5-0).
Review and Consider Action to approve Ordinance No. 413, approving an electric
power contract with Cities Aggregation Power Project, Inc. ("CAPP") for electric
capacity and energy; and approving energy sales contract with Cities Aggregation
Power Project.
Councilmember, David Green moved to deny Ordinance No. 413, approving an
electric power contract with Cities Aggregation Power Project, Ina ("CAPP") for
electric capacity and energy; and approving energy sales contract with Cities
Aggregation Power Project. Motion second by Councilmember, Jerry Miller.
Motion carried (5-0).
k. Review and Consider Action to approve Ordinance No. 414, adopting a new
Article VII "Signs" of Chapter 17 "Planning and Land Development" of the Code
of the City of Kennedale, Texas (1991), as amended, providing for regulations of
signs within the City and its extraterritorial jurisdiction
A red lined copy of the proposed ordinance was presented before Council, in
rrr which, Bob Hart, City Manager addressed the following additional revisions:
3366
(1) delete 3`a Whereas clause as no public hearing is required;
(2) Page 5 -add definition for a Sign Pole to read "Means a sign supported by and
placed upon not more than two (2) poles; and add definition for a Sign Pole on
1-20 to read "Means a pole sign adjacent to the I-20 corridor;
(3) Correct the word "of' in the last sentence to read "or" in the definition of Sign,
Electronic Reader Board /Message Board;
(4) Section 17-504 Permit Regulations (b) Application for a permit (1) first
sentence strike the word "drawing" from sentence;
(5) Section 17-504 Permit Regulations (e) Action on permit.- Strike the last
sentence;
(6) Section 17-504 Permit Regulations (g) Appeal of denial or revocation of permit
- Strike the words "City Council" and replace with "Building Board of
Appeals";
(7) Section 17-507 Permanent Signs Requiring a Permit (b) Monument Sign
Regulations for Businesses -Strike the words "for Businesses" so it reads
"Monument Sign Regulations.;
(8) Table 2: Sign Design Standards -strike Residential Use from the chart; correct
Non-Residential Use Monument Set Back from "10 Ft." to read "0 Ft."; correct
Non-Residential Zoning Attached Number to read "2", and add a Footnote
number 5 to read "Each lease or tenant space shall be permitted only one
attached sign per street front with a maximum of two attached signs per
tenant/lease space."; clarify Non-Residential Zoning I-20 Pole Sign to reflect
"frontage road only' and conect Set Back from " 20 Ft " to "5 Ft."; and
(9) Section 17-509 Other Signage (c) Multi-Tenant Signs. (6) a -add clause at
end of sentence to read "except for signs permitted in Section 17-516.
James Cowey, Building Official commented that the ordinance had been
streamlined to consolidate the three ordinances (existing sign ordinance, P&Z draft
ordinance, and staff draft ordinance). Cowey implied that the primary features of
the proposed ordinance included accommodated pole signs along I-20, encouraged
monument signs on Kennedale Parkway by permitting the signs to be built near the
streets, simplified real estate signs, eliminated regulations for kiosk signs and
allowed the City to enter into a contract with private sign vendors, allowed for a
modification to the sign ordinance by submitting a special sign project plan to the
building board of appeals, and retained the work of the planning and zoning
commission, yet was simplified for the use and application for City Staff and the
public.
Councilmember, Jerry Miller moved to approve Ordinance No. 414, adopting a
new Article VII "Signs" of Chapter 17 "Planning and Land Development" of the
Code of the City of Kennedale, Texas (199]), as amended, providing for
regulations of signs within the City and its extraterritorial jurisdiction with noted
revisions. Motion second by Councilmember, Kelly Turner.
Additional discussion ensued with staff regarding how sign ordinance would affect
existing businesses, affect on settlement agreements with Sexually Oriented
Businesses, concerns with right-of--way distance of signs, and the need for further
review of proposed ordinance.
Mayor, Bryan Lankhorst recessed the meeting at 8:20 p.m. to enter into executive
session pursuant to Section 551.071.
Mayor, Bryan Lankorst reconvened into open session at 8:26 p.m
3367
Councilmembers, Jerry Miller, Kelly Turner, Brian Johnson, and David Green
voted aye to approve Ordinance No. 414, while Mayor Pro-Tem, John Clark voted
nay. Motion carried (4-1).
•"~' I. Review and Consider Action to approve Ordinance No. 415, amending Section 3-7
"Prohibited Animals" of Chapter 3, "Animals," of the Code of the City of
Kennedale, Texas (1991), as amended, by allowing Whitetail Deer breeding
programs.
Mayor Pro-Tem, John Clark moved to approve Ordinance No. 415, amending
Section 3-7 "Prohibited Animals" of Chapter 3, "Animals," of the Code of the City
of Kennedale, Texas (1991), as amended, by allowing Whitetail Deer breeding
programs contingent upon Section 3.7 Prohibited animals (e) (2) be amended to
delete C-2 Commercial; and amend (e) (6) first sentence to change animal control
officer to read City Manager. Motion second by Councilmember, Brian Johnson.
Motion carried (5-0).
m. Review and Consider Action to approve Resolution No. 259, opposing the
continued preemption of municipal regulation of certain lntra-State gas utilities;
and urging legislative action to permit greater local regulatory oversight.
Councilmember, Brian Johnson moved to approve Resolution No. 259, opposing
the continued preemption of municipal regulation of certain Intra-State gas utilities;
and urging legislative action to permit greater local regulatory oversight, second by
Councilmember, Kelly Turner. Motion carried (5-0).
~r n. Review and Consider Action to appoint an Alternate to the Board of Adjustments.
Councilmember, Brian Johnson moved to appoint Mike Walker as an alternate to
serve on the Board of Adjustments, motion second by Councilmember, Jerry
Miller.
Councilmember, Brian Johnson withdrew his motion to appoint Mike Walker as an
Alternate to serve on the Board of Adjustments, as Mc Walker already serves in
this position Councilmember, Jerry Miller withdrew his second.
Councilmember, Brian Johnson moved to appoint Jeremy Redding to serve as an
alternate on the Board of Adjustments for atwo-year term expiring June 2010,
second by Councilmember, David Green. Motion carried (5-0).
o. Review and Consider Action to appoint/re-appoint Board of Directors to the
Kennedale Economic Development Corporation.
Councilmember, Jerry Miller moved to appoint Jon Mark Yeary to Place 6 on the
KEDC to serve a two-year term expiring September 2010, second by
Councilmember, David Green. Motion carried (5-0).
Councilmember, Brian Johnson moved to re-appoint Doug Parker to Place 2, and
Robert P. Mundy to Place 4 on the KEDC to serve two year terms expiring
September 2010, second by Councilmember, David Green. Motion carried (5-0).
3368
No further discussion, Mayor, Bryan Lankhorst recessed the meeting at 8:36 p.m.,
to enter into executive session.
VITI. 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; and advice on noise regulations and
regulation of sexually oriented businesses.
1. Allied Waste Systems, Inc. v. City of Fort Worth
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 9:46 p.m., with no action taken
on executive session items.
:'ty ~;......;
JJ ~`~~ ~~L~,s:
C . ~~ ~ .'
~~,
Kathy Turner, City Secretary
APPROVED:
~y~~~~~-
Mayor, Bryan Lankhorst