11.13.2008 CC Minutes3369
MINUTES
KENNEDALE CITY COUNCIL
REGULAR MEETING -NOVEMBER 13, 2008
405 MUNICIPAL DR. - KENNEDALE MUNICIPAL BLDG.
COUNCIL CHAMBERS
Mayor, Bryan Lankhorst called the meeting to order at 5:32 p.m., and announced that a quorum
was present.
Council present: Bryan Lankhorst
John Clark
David Green
Kelly Turner
Jerry Miller
Mayor
Mayor Pro-Tem, Place 1
Councilmember, Place ?
Councilmember, Place 4
Councilmember, Place 5
Council absent: Brian Johnson
Councilmember, Place 3
Staff present: Bob Hart City Manager
Kathy Turner City Secretary
Wayne K. Olson Legal Counsel
Sakura Moten-Dedrick Director of Finance
Tommy Williams Chief of Police
Mike McMurray Fire Chief
James Cowey Building Official
Larry Ledbetter Director of Public Works
I. WORK SESSION
a. Discuss TownCenter Development and financial incentives available.
Bob Hart, City Manager provided a presentation outlining the financial incentives
that are available to assist with the TownCenter development. Incentives included
Tax Increment Reinvestment Zone, Municipal Management Districts, Municipal
Utility Districts, Public Improvement Districts, Chapter 380, Local Government
Code; and 4B Corporations.
b. Discuss and review any item on the agenda, if needed.
Mayor Pro-Tem, John Clark inquired about consent agenda item i, and the potential
of contamination to the city's water well system from solvents being dispelled.
Bob Hart, City Manager replied that Council could table the item and place on the
December agenda, which would allow time for the representative to come out and
address Council.
A brief discussion then followed with consent agenda items g, k, and m.
No further discussion, Mayor, Bryan Lankhorst closed the work session at 6:43
p.m.
3370
II. REGULAR SESSION
Mayor, Bryan Lankhorst called the regular session to order at 7:04 p.m.
IiI. INVOCATION AND PLEDGE OF ALLEGIANCE
Chief of Police, Tommy William's provided the invocation, followed by the Pledge of
Allegiance being recited.
IV. VISITOR/CITIZF.NS FORUM
No persons registered to speak during the visitor/citizens forum.
V. MAYOR/COUNCIL/CITYMANAGER REPORTS/ANNOUNCEMENTS
a. Mayor/Council
1. Recognizing the Kennedale High School Band
Mayor, Bryan Lankhorst presented Earl Oktay, KHS Band Director a
proclamation recognizing their State Championship placement and declaring
November 17, 2008 as Kennedale Wildcat Band Day.
b. City Manager
Bob Hart, City Manager reported on the following:
1. Presented the GFOA Award to Sakura Moten-Dedrick;
2. Announced the Delaney PTA Carnival (November I5, noon to 4 p.m.);
3. Announced the Christmas Tree Lighting Ceremony (December 2"~ at 6:00
p.m.);
4. Reported on TownCenter Plaza Dedication activities;
5. Reported on Fire Department Open House and Christmas Tree Angel; and
6. Discussed possible date for Strategic Plan workshop, in which Council will
contact Bob to schedule.
b. Initial meeting reports on the following task force committees:
Bob Hart, City Manager advised who each chair was for the below committees and
date of next meeting for each.
1. Business Development Task Force, Chair Fred Moore with next meeting
scheduled for November 18`n;
2. Residential Development Task Force, Chair Pat Turner with next meeting
scheduled for December 4.
3. City Events Task Force, Chair Jill Turner with next meeting scheduled for
November 19`n.
4. Communication Events Task Force. Chair Mayor, Bryan Lankorst with next
meeting scheduled for November 17'n.
5. Beautification Task Force, Chair Jerry Miller with next meeting scheduled for
November 18`"
3371
VI. CONSENT AGENDA
Bob Hart, City Manager recommended consent agenda item i be removed.
a. Approval of minutes: Regular Meeting dated October 9, 2008.
b. Approval for City Manager to execute Interlocal Agreement with the City of Fort
Worth for rabies control services, as well as impound, quarantine and the
disposition of animals.
c. Approval of Resolution No. 260, amending authorized representatives in TexPool.
d. Approval of Resolution No. 261, amending authorized representatives in
TexSTAR.
e. Approval of Resolution No. 262, amending authorized representatives in
TexTERM.
f Approval of Resolution No. 263, adopting an amended Investment Policy.
g. Approval of Resolution No. 264, adopting City Purchasing Policy.
h. Approval of Resolution No. 265, adopting an Identity Theft Prevention Frogram.
j. Approval of Resolution No. 267, supporting Raise Your Hand Texas.
k. Review and Consider Action to approve Resolution No. 268, Brownlicld's
Assessment Grant.
I. Review and Consider Action to approve Resolution No. 269, approving an electric
power contract with Cities Aggregation Power Project, Ina ("LAPP") for electric
capacity and energy; and approving energy sales contract with Cities Aggregation
Power Project.
m. Approval to purchase three city vehicles.
Councilmember, Kelly Turner moved to approve consent agenda items a through h,
and j through m, second by Councilmember, Jerry Miller. Motion carried (4-0).
VII. REGULAR ITEMS
i. Approval of Resolution No. 266, supporting the application of S&B Technical
Products Municipal Setting Designation.
Kenneth Tramm, PhD, PG, CHMM, Senior Program Manager provided
background information in regards to the State Law allowing Municipal Setting
Designations, and the S&B Technical Products Municipal Setting Designation.
Tramm said at this particular site, which is within a 5 mile radius was contaminated
with chlorinated solvents and petroleum compounds, which was remedied and the
groundwater plumes are currently declining in size as a result. Also, the solvents
released did not exceed 250 feet and 1,000 feet in length from the source, and is in
3372
the clean up stages. The sources have been removed and there is a residual
contamination in the surface unit.
Tramm concluded that based on the distance to the nearest water well used by the
City, the completion of registered City wells into deeper geologic units (over 500
feet below grade), the over 200 feet of confining layers (limestone and clay)
between the impacted perched water table at the MSD site (extending to less than
20 feet flow the surface) and the aquifers used by the City, the identified releases in
the MSD area do not pose a threat to the City wells, and therefore, requested the
passage of a the resolution in support of the 1300 East Berry MSD to allow S&B to
complete the VCP closure process.
Mayor Pro=1'em, John Clark moved to approve Resolution No. 266, supporting the
application of S&B Technical Products Municipal Setting Designation for 1300
East Berry, Fort Worth, TX. Motion second by Councilmember, David Green.
Motion carried (4-0).
n. Public Hearing, 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.
1. Staff Presentation of Case
James Cowey, Building Official addressed adjustments to the proposed
ordinance that removed conflicting standards with the existing landscape
ordinance.
2. Public Hearing
No persons registered to speak for or against Ordinance No. 412. Mayor,
Bryan Lankhorst closed the public hearing at 723 p.m.
3. Staff Response and Summary of Case
No response and/or summary of case.
4. Action on Case
Mayor Pro-Tem, John Clark moved 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 amcnded, to make changes to
the landscape standards for conditional use permits and overlay districts,
second by Councilmember, Jerry Miller. Motion carried (4-0).
o. Review and Consider Action to authorize the City Manager to execute a contract
for Stormwater Drainage Utility.
Councilmember, David Green moved to authorize the City Manager to execute a
contract for Stormwater Drainage Utility with Palmer Price, Inc. Motion second by
Councilmember, Kelly Turner. Motion carried (4-0).
3373
p. Review and Consider Action to approve Ordinance No. 417, adopting the 2006
International Building Code, 2006 International Residential Code, 2006
International Plumbing Code, 2006 International Mechanical Code, 2006
International Fuel Gas Code, 2006 International Energy Conservation Code, 2006
International Fire Code, and the 2005 National Electrical Code.
Mayor Pro-Tem, John Clark moved to approve Ordinance No. 417, adopting the
2006 International Building Code, 2006 International Residential Code, 2006
International Plumbing Code, 2006 International Mechanical Code, 2006
International Fuel Gas Code, 2006 International Energy Conservation Code, 2006
International Fire Code, and the 2005 National Electrical Code, providing for the
modification of the codes to incorporate local amendments contingent upon
amendment to page 15, Section 903.2 (1) - 3`d sentence to read ``Any remodeling,
addition or expansion of a commercial building involving greater than 25% of the
existing floor area or resulting in a total square footage specified above,
requires..." Motion second by Councilmember, Kelly Turner. Motion carried (4-
0).
q. Review and Consider Action to appoint two alternates to the Building Board of
Appeals.
Councilmember, David Green moved to appoint Elmer Moseley to Place 6 to serve
a two-year term expiring in June 2010, second by Councilmember, Jerry Miller.
Motion carried (4-0).
Councilmember, David Green moved to appoint Bill Munn to Place 7 to serve a
one-year term expiring in June 2009, second by Mayor Pro-Tem, John Clark.
`r Councilmember's David Green and Kelly Turner, and Mayor Pro-Tem, John Clark
voted aye, while Councilmember, Jerry Miller voted nay. Motion carried (3-1).
r. Review and Consider Action to approve Resolution No. 270, creating the City of
Kennedale Arts and Market Committee, Authorizing funding, and making
appointments.
Mayor Pro-Tem, John Clark moved to approve Resolution No. 270, creating the
City of Kennedale Arts and Market Committee, Authorizing funding, and making
appointments, second by Councilmember, Jerry Miller. Motion carried (4-0).
s. Review and. Consider Action to approve Ordinance No. 418, an amendment to
Ordinance No. 402, vacating and abandoning a portion of Wrey Crest Road in the
City of Kennedale, Tarrant County, Texas to execute a Quitclaim Deed releasing
public ownership, interest and control of the right-of--way.
Councilmember, Jerry Miller moved to approve Ordinance No. 418, an amendment
to Ordinance No. 402, vacating and abandoning a portion of Wrey Crest Road in
the City of Kennedale, Tarrant County, Texas to execute a Quitclaim Deed
releasing public ownership, interest and control of the right-of--way to National
Retail Properties. Motion second by Councilmember, Kelly Turner. Motion
carried (4-0).
No further discussion, Mayor Brian Lankhorst recessed the meeting at 7:57 p.m. to
enter into executive session.
3374
VIII. F.XF,CiJTIVE SF.SSH)V
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, lnc. v. City of Fort Worth
2. Amicus brief in City of Mesquite >>. PKG Contracting, Inc. and State >>. Chacon
3. Proposed alignment of Bowman Springs Road
4. Wrey Crest Road
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:
l . Expansion of Sonora Park
2. Oak Crest. Properties
lX. RECONVENE INTO OPEN SESSION, AND TAKE ACTION NECESSARY
PURSUANT TO EXECUTIVE SESSION, INCLUDLNG, BUT NOT LIMITED TO:
Mayor, Bryan Lankhorst reconvened into open session at 8:50 p.m.
a. 2. Amicus brief in City of Mesquite v. PKG Contracting, Inc. and State i~. Chacon
Mayor Pro-Tem, John Clark moved to authorize the City of Kennedale to
participate in the Amicus briefs involving the City of Mesquite and the City of
San Antonio with an expenditure of Two Hundred and Fifty Dollars ($250.00)
for each, second by Councilmember, Kelly Turner. Motion carried (4-0).
a. 3. Approval of resolution authorizing obtaining a court order to conduct a survey
and perform an appraisal for the proposed alignment of Bowman Springs Road.
Mayor Pro-Tem, John Clark moved to approve Resolutions No. 271, 272, and
273 in regards to sun~eying and appraisal of properties, second by
Councilmember, Kelly Turner. Motion carried (4-0).
X. ~~JOURNMENT
•~`'~~F~rCEN~,~ J P~ Y
~,0,.••Ctruntv"1~xiember, David Green moved to ad'ourn at 8:52 m., second b Councilmember,
elly TY. Motion carried (4-0).
__ C° .
S"L;: ur PPROVED:
~ `~ ~~
.': ' ,'
• ~u-~~~ W y ` ~ ~Y V
""~=I4atlij~~ Turner, City Secretary ayor, Bryan Lankhorst