01.08.2009 CC Minutes3382
MINUTES
' KENNEDALE CITY COUNCIL
REGULAR MEETING -JANUARY 8, 2009
405 MUNICIPAL DR. - KENNEDALE MUNICIPAL BLDG.
'~+ COUNCIL CHAMBERS
Ma. or, Bryan Lankhorst called the meeting to order at 5:37 p.m., and announced that a quorum was
present:
Council present: Bryan Lankhorst Mayor
Brian Johnson Councilmember, Place 3
Jerrv Miller Councilmember, Place 5
Kelly "l'urner Councilmember, Place 4
Council absent: John Clark Mayor Pro-Tem, Council Place 1
David Green Councilmember, Place 2
Staft present: Bob Hart Ciry Manager
Kathy Turner Ciry Secretary
Wayne K. Olson Legal Counsel
Sakura Dedrick Director of Finance
Tommy Williams Chief of Police
Kent Daulton KPD Officer
Mike McMurray Fire Chief
Larry Lebetter Director of Public Works
Mike Soab KEDC Director
r... James Cowey
1. WORK SESSION Building Official
a. Discuss TownCenter.
Discussion on the TownCenter took placed under item c.
b. Discuss Emergency Hazard Mitigation Action Plan.
Bob Har[, City Manager informed Council that the Hazard Mitigation Plan was established
in the efforts to continue to receive some federal funding for emergency management
efforts, and consisted of input from various cities within the region. Hart implied that the
plan consists of a basic plan that contains information about the planning process,
mitigation strategics for participating cities, and methods for updating the plan, which
would be reviewed, revised, and updated on an annual basis.
c. Discuss and review any item on the agenda, if needed.
Bob Hart, City Manager addressed consent agenda items with emphasis on item e relating
to the purchase of tasers, and item f relating to the legislation creating a Municipal
Management District for the development of the TownCenter.
Also, legal counsel provided a summary on Chapter 375 of the Local Government Code
referring [o the legislation on Municipal Management Districts, and addressed the initial
board appointment of directors for such.
There being no further discussion. Mayor, Bryan Lankhorst recessed the meeting at 6:15
~.v p.m., and announced that Council would enter into executive session at 6:30 p.m.
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I1. 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.
1. Robert M. Plumlee vs. City of Kennedale
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
III. RECONVENE INTO REGULAR SESSION
Mayor, Bryan Lankkhorst reconvened into open session and called the regular session to
order at 7:02 p.m.
IV. TAKE ACTION NECESSARY PURSUANT TO EXECUTIVE SESSION, IF
NEEDED.
Mayor, Bryan Lankhorst announced that no action would be taken pursuant to executive
session.
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V. INVOCATION AND PLEDGE OF ALLEGIANCE
Rob Hart, City Manager provided the invocation followed by the Pledge of Allegiance being
recited.
VI. RECOGNITIONS/PRESENTATIONS
a. Recognition of Mike Soab, KEDC Director
Mayor, Bryan Lankhorst recognized retiring KEDC Director, Mike Soab and presented him
with a lantern plaque.
b. Recognition of Public Works Employees for Water Supply Inspection
Bob Hart, City Manager recognized Public Works Employees for their hard work and
dedication in obtaining a perfect Water Supply Inspection. Hart said the department went
from 22 violations in 2002, 29 violations in 2005, to zero violations in 2008, and
acknowledged the employees for [heir hard work and dedication.
Presentation regarding upcoming Arts Festival
It was announced that a presentation regarding the upcoming Arts Festival would be made
during the February meeting.
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VII. VISITOR/CITIZENS FORUM
No persons registered to speak during the visitor/citizen's forum.
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Vlll. CONSENT AGENDA
Councilmember, Brian Johnson requested item fbe removed from the consent agenda.
a. Approval of minutes: Regular Meeting dalcd December 11, 2008.
b. Approval of Quarterly investment Report.
c. Approval of Ordinance No. 421, authorizing budget amendment.
d. Approval to purchase mobile computers for Police Department.
e. Approval to purchase Tasers for Police Department.
Councilmember, Brian Johnson moved to approve consent agenda items a through e,
second by Councilmember, Jerry Miller. Motion carried (3-0).
IX. REGULAR ITEMS
f Approval to authorize the submission of state legislation creating a Municipal Management
District for the development of the TownCenter and appointing the initial Board of
Directors.
'~ Councihnember, Brian Johnson moved to authorize the submission of state legislation
creating a Municipal Management District for the development of the TownCenter, and to
appoint the initial Board of Directors consisting of the following: Robert Mundy, KEDC
President. John Clark, Mayor Pro-Tem, and Councilmember, Jerry Miller each to serve a
rivo year term expiring June 201 1. Councilmember Johnson also moved to appoint Mayor,
Bryan Lankhorst, and Beverly Hayes, KEDC Vice-President to serve cone-year term
expiring June 2010, and to appoint Bob hart, City Manager as Ex-Officio with a term to
expire June 2011. Motion was second by Councilmember, Jerry Miller, and motion carried
with no opposition. (3-0).
g. Public Hearing, Review and Consider Action to approve Resolution No. 277,
adopting the Fort Worth Hazard Mitigation Action Plan.
1. Staff Presentation of Hazard Mitigation Action Plan -Bob Hart, City Manager
advised that the plan is a mitigation plan with various cities within the region
participating, and that the plan requires a public hearing prior to approval.
2. Public Hearing - No persons registered to speak during the public hearing. Mayor,
Bryan Lankhorst closed the public hearing at 7:12 p.m.
3. Staff Response and Summary - No response or summary was provided by City Staff
4. Action on Resolution - Councilmember, Brian Johnson moved to approve
Resolution No. 277, adopting the Fort Worth Hazard Mitigation Action Plan, second
by Councilmember, Kelly Turner. Motion carried (3-0).
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h. Public Hearing, Review and Consider Action to approve Ordinance No. 422, Case r~PZ 08-
26 and Case # P7. 08-27, city initiated zone change to Lots 3 and 4, Block 1, of the
Southwest Crossing Addition from that of "C-I" Restricted Commercial District to that of
"C-0" Retail Cornmcrcial.
Case # PZ 08-26 -Block I, Lot 3, Southwest Crossing Addition. Physical address of 4900
US 287 Hwy.
Case #PZ 08-27 - Block 1, Lot 4, Southwest Crossing Addition. Physical address of 4970
US 287 Hwy.
Staff Presentation of Case -James Cowey, Building Official addressed
Council in regards to the reasoning of the zone change and added that by
changing the zoning classification to C-0 retail commercial, it would assist
the City in financial planning. Cowey also added that the Planning and
Zoning commission voted 4 to 0 to recommend approval of the city initiated
zone change.
2. Public hearing -Mayor, Bryan Lankhorst opened the public hearing for
comments, and the following individuals addressed Council.
Lonnie Nicholson, representative with EECU, 1617 W. T~' St., Port Worth,
fX, addressed Council against proposed zone change for Case #08-26.
Nicholson provided a brief history of EECU, and stated that EECU has a
great relationship with the communities they become a part of, and support
employers and businesses within the community. ~~
Cindy Baker, Chief Commerce Officer with F,F.CU, 1617 W. 7`" St., Fort ~
Worth, TX, registered against proposed zone chauge for Case #08-26, and
addressed her responsibilities in regards to the building of the EECU
building.
Tom Purvis, Keal Estate Broker for F,F.CU, 222 W. Exchange, Fort Worth,
TX registered against proposed zone change for Case #08-26. Purvis
addressed the reasoning for the selection of the property for the proposed
EECU Office, and provided an oversight on the tax benefit in regards to
personal/real property ad valorem taxes.
Art Anderson, with Winstead Law Firm, representative for landowner, 1201
Elm St., Dallas, TX registered against proposed zone change for Case #08-
26. Anderson responded that the client purchased the property not privy to
prior discussions between the City and Wal-Mart as to the usage of the front
pads, and there were no limitations as to the development or usage of the
property other than in accordance to the zoning of the property at the time of
purchase. Anderson also advised that EECU had already tiled and obtained a
building permit, and that the property could be developed with the use in
accordance with the building permit whether or not the property was rezoned
or not.
[n addition, Anderson spoke on the city's request for the underlying zone
change, which referred to the collection of sales tax revenue.
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There being no further comments, Mayor Lankhorst closed the public
~` hearing at 7:31 p.m.
3. Staff Response and Summary of Case -Bob Hart, City Manager advised
r"" Council that the permit is ready and is pending issuance awaiting contractor's
name, and project would proceed regardless of action taken.
James Cowey, Building Official added that EECU had met all city
requirements and city ordinances.
4. Action on Case -Councilmember. Brian Johnson moved to continue case until the
February l2, 2009 meeting, second by Councilmember, Jeny Miller. Motion carried
(3-0).
Review and Consider Action to approve Case # PZ 08-29, Final Plat for Moody Creek
Estates, Lots I through 3, Block 1, requested by Kenneth B. Moody.
Councilmember, Brian Johnson moved to approve Case # PZ 08-29, Final Plat for Moody
Creek Estates, Lots 1 through 3, Block 1, second by Councilmember, Kelly Turner. Motion
carried (3-0).
X. ADJOURNMENT
Councilmember, Brian Johnson moved to adjourn the meeting at 7:3~ p.m., second by
Councilmember, Jerry Miller. Motion carried (3-0).
,.~ `oF KEIy',: f`~-,, PPROVED:
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Kathy Turn .City Secretary
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