04.14.2011 CC Minutes KENNEDALE
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405 Municipal Drive, Kennedale,Texas 76060
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MINUTES
KENNEDALE CITY COUNCIL.
REGULAR MEETING —APRIL 14, 2011
COUNCIL CHAMBERS
I. CALL TO ORDER
II. ROLL CALL
PRESENT ABSENT
MAYOR, BRYAN LANKHORST x
MAYOR PRO TEM x
JOHN CLARK
COUNCILMEMBER BRIAN JOHNSON x
COUNCILMEMBER JERRY MILLER x
COUNCILMEMBER KELLY TURNER x
COUNCILMEMBER LIZ CARRINGTON x
CITY STAFF PRESENT ABSENT
CITY MANAGER BOB HART x
CITY SECRETARY AMETHYST CIRMO x
CITY ATTORNEY WAYNE K. OLSON x
JAMES COWEY BUILDING OFFICIAL x
POLICE CHIEF TOMMY WILLIAMS x
FIRE CHIEF MIKE MCMURRAY x
DIR. OF FINANCE SAKURA MOTEN-DEDRICK x
DIR. PUBLIC WORKS LARRY LEDBETTER x
PLANNER RACHEL ROBERTS x
HUMAN RESOURCE DIR KELLY COOPER x
III. WORK SESSION
Mayor Lankhorst called the work session to order at 5:40pm.
A. Discuss and review any item on the agenda, if needed
1. Presentation from Texas Municipal Retirement System (TMRS)
Anthony Mills from TMRS presented background information and details on
the city's current retirement plan with TMRS. There are currently 842 Texas
cities participating in the program. The city currently has a cash
balance/hybrid plan/pay as you go plan, not a defined contribution plan. The
most recent annual percent was 12.26%, which is determined actuarially.
Mr. Mills explained Kennedale's history with TMRS and fielded questions
from council. The City Manager made a statement comparing TMRS to other
systems, explaining the benefits of Kennedale's current situation.
2. Discuss compensation of elected and appointed officials
City Manager Bob Hart discussed the reasoning behind the need for
expanded compensation of board and committee members, citing the
increased legal immunity is gained from such a plan.
3. Discuss Tree City USA application
Kelly Cooper presented information to council pertaining to the new Tree City
USA initiative, explaining that participation in the program present more
opportunities for grant funding, education, and a sense of community pride.
The Planning and Zoning commission is currently designated as the tree
board, but Ms. Cooper explained that it may be beneficial to allow the Keep
Kennedale Beautiful Committee to also serve as the tree board, and the
council agreed.
4. Discuss Quiet Zone and notice
Bob Hart gave an update on the upcoming quiet zone, stating that road
improvements on Averett Road are complete and the other areas will soon
follow. Wastewater lines on New Hope Road have to be improved prior to
road updates and ballard construction. When all construction is completed,
the city will give the railroad a notice of completion and wait 21 days for train
training to be completed. Train whistles will likely cease sometime in June of
2011.
5. National League of Cities Service Line Warranty Program
Bob Hart presented information on the service line warranty program,
explaining that it stemmed from a partnership between the National League
of Cities and the North Central Texas Council of Governments. The program
is an insurance program that, for a small monthly fee, protects homeowners
in case of a break in water and wastewater service lines, which are not
covered under homeowners insurance. Service is voluntary and will cost
between $4 and $5 a month, and there is not minimum participation required.
This charge would be added to the water bill. Council agreed that the
program should be implemented.
6. Discuss other items on the agenda
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No other items were discussed.
Mayor Lankhorst closed the work session at 6:52pm.
*NOTE. Pursuant to Section 559.079, Texas Government Code, the City Council reserves the right
to adiourn into Executive Session at any time during the work session or the regular session to
discuss posted executive session items or to seek legal advice from the City Attorney on any item
posted on the agenda.
REGULAR SESSION - 7:00 PM
IV. INVOCATION
V. UNITED STATES PLEDGE OF ALLEGIANCE
The pledge was led by a boy scout from Troop 35.
VI. TEXAS PLEDGE OF ALLEGIANCE
"Honor the Texas Flag; I Pledge Allegiance to Thee, Texas, One State under God; One
and Indivisible."
The Texas pledge was also led by a boy scout from Troop 35.
VII. VISITOR/CITIZENS FORUM
At this time, any person with business before the Council not scheduled on the agenda
may speak to the Council. No formal action can be taken on these items at this meeting.
One person signed up to speak during the forum:
1. Greg Hudson, Executive Director of the Kennedale Chamber of Commerce,
approached the council with two announcements:
a. A Chamber fundraiser will be held on May 26f" from 6-8pm at Alley Cats
bowling in Arlington. Tickets are $20.00.
b. The monthly chamber of commerce luncheon will be held on Wednesday,
April 20`" at Life Fellowship Church.
VIII. REPORTS/ANNOUNCEMENTS
In addition to any specific matters listed below, the city council may receive a report
about items of community interest, including but not limited to recognition of individual
officials, citizens or departments, information regarding holiday schedules, upcoming or
attended events, etc.
A. Mayor
1. Random drawing for$100 water bill credit due to one 2011 citizen survey
participant
Kelly Cooper announced that the survey results will be presented to
council in May 2011.
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Mayor Lankhorst asked a boy scout from Troop 35 to draw a name for the
prize. Bob Willbanks' name was selected from the bowl; he will receive
the $100 credit on his water bill.
B. City Council
Councilmember Brian Johnson expressed thanks to Art in the Park.
Councilmember Liz Carrington also expressed gratitude, noting that the festival
lowered their budget and awarded 2 scholarships to deserving students. Next
year's festival will be a Friday and Saturday only, with the food vendor area being
moved closer to the stage.
C. City Manager
1. Warrant Round Up 2011 Results and presentation of Certificates of
Achievement for participation in the program
Certificates of Achievement were awarded to Tara Culpepper, Clarence
Bullocks, and Nathan Dancer.
2. Presentation of`Organization of the Year' award from the Tejas District
Council of the Boy Scouts of America, Troop 35, to the City of Kennedale
Fire Department
The award was presented to the Kennedale Fire Department by Chris
Fountain from Boy Scout Troop 35.
3. Keep Kennedale Beautiful (KKB) affiliation with state
Bob Hart announced that the Keep Kennedale Beautiful Committee is
now an official affiliate of Keep Texas Beautiful.
4. Street name change process
Bob Hart announced that Valley Lane and Corry A. Edwards signs have
been installed, and that only one intersection is left to be labeled.
Mr. Hart also announced that the rededication for Sonora Park will be
held on April 30th from 10am to 2pm.
D. Youth Advisory Council
1. Annual Report
Due to a scheduling conflict, the YAC report will be moved to the May
2011 meeting.
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IX. CONSENT AGENDA
All matters listed under consent agenda have been previously discussed, require little or
no deliberation, or are considered to be routine by the council. If discussion is desired,
then an item will be removed from the consent agenda and considered separately.
A. Consider approval of meeting minutes: Regular meeting dated March 10th, 2011
B. Review and consider action regarding a notice from the Public Utility Commission
(PUC) of Texas for a Consumer Price Index (CPI) adjustment to municipal
telecommunications right-of-way access lines rates.
C. Consider approval of Resolution 358, listing the City Manager as the authorized
official for the Justice Assistance Grant application.
D. Consider authorizing City Manager to execute an Interlocal Agreement with Tarrant
County for services pertaining to the reconstruction of Mistletoe Drive.
E. Consider authorizing City Manager to execute an Interlocal Agreement with Tarrant
County for services pertaining to the reconstruction of Bolen Road.
A motion to pass the consent agenda as presented was made by Brian Johnson,
second by Jerry Miller. Motion passed 5-0.
X. REGULAR ITEMS
F. Review and consider action to accept certification of unopposed candidates, and
approve Ordinance 475, canceling the May 14th, 2011 election.
A brief discussion on the swearing in of new members was held. A special
meeting will be held on May 19th at 5:30pm at which all new and re-elected
members will be issued the oath of office and officially sworn in.
Motion to accept certification of unopposed candidates and approve Ordinance 475
was made by Brian Johnson, second by Jerry Miller. Motion passed 5-0.
G. Conduct a public hearing, discuss and consider approval of Ordinance No. 476
regarding CASE # PZ 11-02 to receive comments and consider a request by
Anarkali Enterprises, Inc. for a zone change of approximately 1 acre at Triangle
Business Park Addn Blk 1 Lot 8R1 (739 W Kennedale Pkwy) from "I" Industrial to
"C1" Restricted Commercial.
City planned Rachel Roberts presented information to the council, stating that the
area in question is currently a small retail store, and that rezoning from industrial to
restricted commercial is in compliance with the current comprehensive plan,
however several members of the Planning and zoning board were worried about
spot zoning. City attorney Wayne Olsen stated that according to the Supreme
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Court, if rezoning goes along with your comprehensive plan, then it is not
considered to be spot zoning.
No one signed up to speak during the public hearing.
A motion to approve Ordinance 476 as presented was made by Brian Johnson,
second by Liz Carrington. Motion passed 5-0.
H. Conduct a public hearing, discuss and consider approval of Ordinance No. 477
regarding CASE # PZ 11-03 to review, receive comments, and consider action on
a request for a change in zoning from "C-1" Restricted Commercial to "C-2"
General Commercial" for approximately 2.5 acres located at 716 E Kennedale
Pkwy, Kennedale, Tarrant County, Texas, more particularly described as C.A.
Boaz Subdivision of J B Renfro Survey, Blk Lot 14R4. The rezoning is requested
by See Eang Eng.
City Planner Rachel Roberts presented background information on the area in
question, noting that the current C1 status had been granted in May of 2007 when
a lighting store intended to move onto the property. This deal did not go through.
Rezoning was applied for and denied by the Planning and Zoning Commission and
a special exception have been applied for. The requested rezone complies with
the Comprehensive Plan, the landscaping plan for the property is good, and the
building facade has been designed according to city regulations. The resident that
borders the back of the property has expressed concerns. City staff believes that
these concerns have been adequately dealt with through building design and
landscaping.
The applicants, PU Tech Industry, made a presentation describing the landscaping
and other details of their proposed design. The business will employ 8 to 10
people and will be open 8am to 5pm. Due to its nature as a distribution business,
Kennedale will see ad valorem tax and not sales tax revenue. PU Tech industry is
currently renting a building in downtown Fort Worth, and would like to relocate to a
permanent building in Kennedale.
No one requested to speak at the public hearing.
Councilmember John Clark expressed concern regarding fencing and screen
requirements.
Councilmember Jerry Miller declared that the change to C2 zoning would be
positive, as it would correct for previous spot zoning.
A motion to approve Ordinance 477 allowing the requested rezoning was made by
Jerry Miller, second by Kelly Turner. The motion passed 5-0.
I. Conduct a public hearing, discuss and consider approval of Ordinance No. 478
regarding CASE # PZ 11-04 to review, receive comments, and consider action on
a proposed ordinance vacating and abandoning a portion of Gilman Road in the
City of Kennedale, Tarrant County, Texas, and declaring that such property is
unnecessary for use as a public right -of-way; and reserving a public utility
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easement. Roadway to be vacated and abandoned is more particularly described
as a 0.255 acre strip of land in the David Strickland Survey, A-1376, being a
portion of a tract of land conveyed to the City of Kennedale by deed recorded in
Volume 10552, Page 1622, Deed Records of Tarrant County, Texas, said strip of
land being used as right-of-way for Gilman Road. The land is adjacent to property
with physical address 1384 Gilman Road.
City planner Rachel Roberts presented information to council, stating that Gilman
road may be extended and become a through street in the future. Councilmember
John Clark questioned the fate of the abandoned property, to which Ms. Roberts
noted that the City would like to convey to property back to CMC rebar.
No one requested to speak at the public hearing.
A motion to accept Ordinance 478 as presented was made by Kelly Turner, second
by Jerry Miller. Motion passed 5-0.
Mayor Lankhorst closed the regular session and entered executive session at 8:25pm.
XI. 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.
B. The City Council will meet in closed session pursuant to Section 551.074 of the
Texas Government Code to deliberate the appointment, employment, evaluation,
reassignment, duties, discipline, or dismissal of a public officer or employee.
1. Continuation of City Manager's annual performance evaluation.
C. 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. 400 Little School Road - Condemnation
2. Right of way status
■ 1101 Bowman Springs Road
■ 1201 Bowman Springs Road
■ 605 Little School Road
■ 621 Little School Road
■ 400 Dick Price Road
• 9131917 Little School Road
■ 838 Woodland Court
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XII. RECONVENE INTO OPEN SESSION, AND TAKE ACTION NECESSARY PURSUANT
TO EXECUTIVE SESSION, IF NEEDED.
Mayor Lankhorst reconvened open session at 9:54pm.
J. Consider approval of Resolution 358, AUTHORIZING THE CITY
ATTORNEY TO BRING A CONDEMNATION PROCEEDING FOR THE
PURPOSE OF OBTAINING FEE SIMPLE TITLE, DRAINAGE EASEMENT
AND TEMPORARY CONSTRUCTION EASEMENT ON A PORTION OF
LAND SITUATED WITHIN THE J.M. LILLY SURVEY, ABSTRACT NO, 980,
AND BEING A PORTION OF THAT CERTAIN TRACT OF LAND
DESCRIBED TO W. EDDIE PATTERSON AND WIFE, TAMMY K.
PATTERSON BY DEED RECORDED IN VOLUME 9268, PAGE 1477, DEED
RECORDS OF TARRANT COUNTY, TEXAS, FOR A PUBLIC ROADWAY
AND/OR OTHER PURPOSES PERMITTED BY LAW
A motion to approve Resolution 359 as presented was made by John Clark,
second by Liz Carrington. Motion passed 5-0.
A motion to reform the City Manager's contract to provide for a term of 4
years with performance reviews annually, and extensions on the 4 year
contract as approved on annual review plus a revision on the severance to
provide for a one year payment in the event of termination without cause was
made by John Clark, second by Kelly Turner. Motion passed 5-0.
A motion to adjourn the meeting was made by Brian Johnson, second by
Jerry Miller. Motion passed 5-0.
The meeting was adjourned at 9:58pm.
XIII. ADJOURNMENT
APPROVED:
�..
Mayor, Bryan Lankhorst
ATTEST:
Amethyst G. Cirm , City Secretary
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