02.12.2009 CC Minutes3387
MINUTES
KENNEDALE CITY COUNCIL
REGULAR MEETING -FEBRUARY 12, ?009
405 MUNICIPAL DR. -KENNEDALE MUNICIPAL, BLDG.
COUNCIL CHAMBERS
Mayor, Bryan Lankhorst called the mceting to order at 5:35 p.m., and announced that a quorum was
present:
Council present: Bryan Lankhorst Mayor
John Clark Mayor Pro=I'em, Place 1
David Green Councilmember, Place 2
Brian Johnson Councilmember, Place 3
Kelly Turner Councilmember, Place 4
Jerry Miller Councilmember, Place 5
Staff present: Bob Hart City Manager
Kathy 1'umer City Secretary
Wayne K. Olson Legal Counsel
Sakura Dedrick Director of Finance
Tommy l~'illiams Chief of Police
Mike McMurray Fire Chief
Larry Ledbetter Director of Public Works
James Cowey Building Official
I. WORK SESSION
a. Discussion on Independent Auditors Reports for year ended September 30, ?008.
Greg Shropshire, Auditor with Patillo, Brown & Hill, LLP addressed the City of
~r Kennedale's Comprehensive Ann ual Financial Report for the year ended September 30,
?008.
b. Discussion on Bowman Springs Road;
Bob tart, City Manager spoke to Council in regards to the re-alignment of Bowman
Springs Road, and advised that a conn~act regarding such would be on the next Council
agenda for consideration.
c. Discussion on Tax Increment Finance (TIF);
Bob Hart, City Manager advised Council of the elements involved with the proposed TIF
District, and said a draft presentation would be presented with the 2009/2010 budget.
d. Discuss and review any item on the agenda, if needed.
Bob Hart, City Manager reviewed consent agenda items and fielded questions from
Council.
There being no further discussion, Mayor, Bryan Lankhorst recessed the meeting at 6:35
p.m.
II. REGULAR SESSION
Mayor, Dryan Lankhorst reconvened and called the regular session to order at 7:05 p.m.
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III. INVOCATION AND PLEDGE OF ALLEGIANCE
Bob Hart, City Manager gave the invocation followed by the YMCA Indian Princess Program
leading the Pledge of Allegiance.
IV. VISITOR/CITIZENS FORUM
Pat Doescher, Chairman of the Kcnnedale Chamber of Commerce announced the
upcoming Annual Kar show scheduled for May 16, 2009. Doescher encouraged anyone
who was interested in assisting with the show to attend the Chamber Monday evening
meetings, as they would welcome the assistance.
V. PRESENTATION(S)
a. Events Task Force Committee Member, Paige Conley will make a presentation
regarding future events proposed by the committee.
Paige Conley, member of the Events Task Force Committee provided a power
point presentation highlighting the issues assigned to the task force, which included
the following: consequences for the community, action alternatives, recommended
strategies, community players needed for implementation, action recommended,
and follow-up role and responsibility of the events task force.
b. Presentation regarding proposed Arts Festival.
Felipe Gutierrez and Lori Bryan provided Council an update on Art in the Park,
which included the Arts and Market Committee members, fact sheet, sponsorship
opportunities and descriptions, and reviewed the various forms. Gutierrez said a
tentative date for Art in the Park has been scheduled for April 9`~' through the 1 I'~',
2010 in the'fownCenter.
Vl. RF,PORTS/ANNOUNCEMENTS
a. City Manager
Independence Day Activities
Bob Hart, City Manager spoke of activities scheduled for the upcoming
Independence Day Celebration scheduled to run Saturday, February 28, 2009
through Monday, March 2, 2009.
2. Schedule Strategic Plan Workshop
A tentative date of April 7, 2009 was scheduled to hold a Strategic Plan
Workshop amongst city staff and City Council from 2 to 8 p.m.
3. Introduction of KHS Youth Advisory Council.
Mayor, Bryan Lankhorst recognized Mrs. Rita Whatley, KHS Principal, and
Ms. Sherry Wade, KHS Teacher for the implementation of the KHS Youth
Advisory Council.
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Next, Councilmember, David Green introduced Ben Taylor, Chairman for
the KHS Youth Advisory Council (YAC), who then introduced each member
of the Council.
Taylor implied the Council was selected to provide input from a youth's
~"' perspective to help invision Kennedale in the year 2015. He said it was an
honor and privilege to assist in the decisions to make Kennedale a better
place to live and thrive, and hoped that the voice of the youth could be an
integral and helpful asset to the new Kennedale.
Councilmember, David Green added that the council had been working on
the BYLAWS, and is making strides forward to get active in the community.
V11. CONSENT AGENDA
Councilmember, Brian Johnson requested item g be removed trom the consent agenda.
a. Approval of minutes: Regular Meeting dated January 8, 2009.
b. Approval of Independent Audit Report for year ended September 30, 2008.
c. Approval of Racial Profiling Report.
d. Approval of an Ordinance establishing "No Parking Lone" at James F. Delaney.
e. Approval of an Ordinance amending credit card payment processing fee.
f. Approval of a Resolution considering an Alternative Ratemaking Methodologies. PUC
Project No. 36358.
h. Approval of a Resolution calling for a General Election to be held on May 9, 2009;
approving a joint election with Tarrant County; and establishing procedures for that
election.
i. Approval to authorize the City Manager to sign amendment to the D. Love Gas Unit
Memorandum to accommodate the change to Paragraph No. 6(d) of the lease increasing the
size of a unit pooled for gas to not substantially exceed in area 4~0 acres.
Councilmember, Brian Johnson moved to approve consent agenda items a through f, and h
through i, second by Councilmember, David Green. Motion can~ied (5-0).
VIII. REGLiLAR IT)/MS
g. Approval of a Resolution supporting local option fees and taxes to fund transportation
including Rail North Texas.
Councilmember, Brian Johnson moved to approve a resolution supporting local option fees
and taxes to fund transportation including Rail North Texas, second by Councilmember,
,Terry Miller. Motion carried (5-0).
Public 1 tearing, Review and Consider Action to approve a Resolution approving the 35`"
year Community Development Block Grant (CDBG) Project, and pledging required
funding. Grant program is generally limited to street, drainage, water or sewer
improvements within the approved target area For the benefit of low to moderate-income
neighborhoods.
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1. Staff Presentation -Larry Ledbetter, Director of Public Works informed Council of
this year's recommended project, which is to replace 800 linear feet of sanitary sewer
in the Old Town Neighborhood on Spiller Street with an estimated cost of $97,515.00. `
Ledbetter said the city's participation cost would be an estimated $5,000.00, which
would be budgeted in the 2009/2010 Water and Sewer Fund Budget.
2. Public Hearing - No persons registered to speak in regards to the 35`x' Year CDBG
Project. Mayor, Rryan Lankhorst closed the public hearing at 7:50 p.m.
3. Staff Response - No additional staff response.
4. Action on Resolution - Councilmember, Kelly Turner moved to accept the resolution
approving the 35'x' year Community Development Block Grant (CDBG) Project to
replace 800 linear feet of sanitary sewer along Spiller Street with an estimated
construction costs of $97.515.00 of which the City's participation would be estimated
at 55,000.00, and would be budgeted in the 09/10 Water and Sewer Fund Budget.
Motion seconded by Councilmember, Brian Johnson. Motion carried. (5-0).
k. Public Hearing, Review and Consider Action to approve an Ordinance for Case #PZ 08-26
and Case ~ PZ 08-27, city initiated zone change to Lots 3 and 4, Block 1, of the Southwest
Crossing Addition from that of "C-1" Restricted Commercial District to that of "C-0"
Retail Commercial.
Case # PZ 08-26 Block 1, Lot 3, Southwest Crossing Addition.
Physical address is 4900 US 287 Hwy.
Case #PZ 08-27 Block 1, Lot 4, Southwest Crossing Addition.
Physical. address is 4970 US 287 Hwy.
I. Staff Presentation of Case -James Cowey, Building Official implied that this item
went before Council during the January 2009 meeting, and a recommendation was
brought forth to continue the case until the February 2009 meeting. Also, Cowey said
a letter of opposition was included with the packet, and would require a super majority
vote to the Council to approve initiated zone change.
2. Public Hearing - Greg Higgins on behalf of EECU. 6618 Bryan Irvin, Fort Worth,
TX 76132, and Tom Purvis on behalf of EECU, 222 W. Exchange St., Fort Worth, "I'X
76164 registered against Case #PZ. OS-26, but did not wish to address Council.
With no other persons registered to speak for or against Case #PZ 08-26 and Case #PZ
08-27, Mayor, Bryan Lankhorst closed the public hearing at 7:55 p.m.
3. Staff Response and Summary of Case - No additional comments were provided.
4. Action on Case Mayor Pro-Tem, John Clark moved to deny Ordinance for Case #PZ
08-26 and Case t!PZ 08-27, city initiated zone change to Lots 3 and 4, Block 1, of the
Southwest Crossing Addition from that of "C-1" Restricted Commercial District to that
of "C-0" Retail Commercial Councilmember, Brian Johnson moved to second the
motion with all members present voting in favor. Motion carried (5-0).
Public Hearing, Review attd Consider Action to approve an Ordinance for Case ~PZ 09-OI
a zone change rcyuest for properties within the City of Kennedale being approximately 11.
acres out of the Jesse Russell Addition, Abstract 1361, Tracts 11, I lA, 1 lAl, and 12 from
that of "R-3" Single Family Residential District to that of "C-2" General Commercial.
Request made by Thomas S. Mackie on behalf of RPC Industrial
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Case #PZ 09-O1 Abstract 1361, Tracts 11, 1 lA, I IAI, and 12, Jesse Russell Survey.
Physical addresses are 3850 So. Eden Road, 7141 Kennedale Parkway,
and 7161 Kennedale Parkway.
]. Staff Presentation of Case -James Cowey, Building Official advised Council
that the proposed zone change coincided with the Future Land Use Plan, and
that the Planning and Zoning Commission voted five to one to recommend
approval of the zone change.
2. Public Hearing- Mayor. Bryan Lankhorst opened the public hearing for public
comments, and the following persons registered to speak:
Pat Doescher, Chairman of the Kennedale Chamber of Commerce asked
Council to look favorably upon requested zone change, Case #PZ 09-01.
Thomas S. Mackie (Applicant), 7923 Caruth Ct., Dallas, TX registered in favor
of Case #PZ 09-01. Mackie spoke to council regarding the concept plan of the
proposed building and prospective clients.
Ronnie Nowell, 317 Bowles Ct., Kennedale, TX registered in favor of Case
#PZ 09-01. Nowell requested Council approval of the zone change as the city
has worked hard and long to recruit businesses and this location was good for
the type of businesses that would be established.
No further comments, Mayor, Bryan Lankhorst closed the public hearing at
8:06 p.m.
~.r 3. Staff Response and Summary of Case -James Cowey, Building Official
advised Council that the Future Land Use plan called for commercial zoning at
this location, and applicant would have to comply with new landscaping
ordinance.
4. Action on Case -Councilmember, Brian Johnson moved to approve proposed
ordinance for Casc kP7. 09-01 changing the zoning classification for properties within
the City of Kennedale out of the Jesse Russell Survey, Abstract 1361, Tracts 1 1, 1 I A,
1 ]Al, and 12 from that of "R-3" Single Family Residential District to that of "C-2"
General Commercial Councilmember, Jem Miller moved to second the motion with
all members present voting in favor. Motion carried (5-0).
m. Public Hearing, Review and Consider Action to approve an Ordinance for Case !+ P7. 09-02
to Case # PZ 09-I5, city initiated zone change to change the zoning classification of certain
properties within the Cily of Kennedale being approximately 18.58 acres out of the Jesse
Russell Survey, Abstract 1361, and Block 1, Lot 4, Jesse Russell Addition from that of "C-
2" General Commercial District to that of"R-2" Single Family Residential District.
Case #PZ 09-02 Abstract 1361, Tract 9A04, Jesse Russell Survey.
Physical address is 6867 Mansfield Cardinal Rd.
Case #PZ 09-03 Abstract 1361, Tract 9A06, Jesse Russell Survey.
Physical address is 6867 Mansfield Cardinal Rd.
Case #PZ 09-04 Abstract 1361, Tract 9A07, Jesse Russell Survey.
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Case #PZ 09-05 Abstract 1361, Tract 9A, Jesse Russell Survey.
Physical address is 6875 Mansfield Cardinal Rd.
Case #PZ 09-06 Abstract 1361, Tract 9A03, Jesse Russell Survey.
Physical address is 6895 Mansfield Cardinal Rd.
Case #PZ 09-07 Block 1, Lot 4, Jesse Russell Addition.
Physical address is 6901 Mansfield Cardinal Rd.
Case #PZ 09-OR Abstract 1361, Tract 9A05, Jesse Russell Survey.
Phvsical address is 5900 Eden Rd. East
Case #PZ 09-09 Abstract 1361, 'Tract 9A01, Jesse Russell Survey.
Case #PZ 09-10 Abstract 1361, Tract 9F01, Jesse Russell Survey
Physical address is 5840 Eden Rd. East
Case #PZ 09-11 Abstract ] 361, Tract 9F01 A, Jesse Russell Survey.
Physical address is 8040 Eden Tap Rd.
Case #PZ 09-12 Abstract l 361, Tract 9F, Jesse Russell Survey.
Physical address is 5869 Eden Rd. East
Case #PZ 09-13 Abstract L361, Tract 9D02, Jesse Russell Survey.
Phvsical address is 5844 Eden Rd. East
Case #PZ 09-14 Abstract 1361, Tract 9D01, Jesse Russell Survey.
Physical address is 5640 Eden Rd. East
Case #PZ 09-15 Abstract 1361, Tract 9D, Jesse Russell Survey.
Physical address is 5844 Eden Rd. Fast
1. Staff Presentation of Case - James Cowey, Building Official proclaimed that
the City Council reviewed the cases in December of 2008, and took action to
refer the cases back to the Planning and Zoning Commission to readvertise and
reconsider as "R-2" Single Farnily Residential. Cowey implied that the
Commission did such, and forwards a recommendation of approval.
2. Public Hearing - No persons registered to speak for or against Case #PL 09-
02 through Case #PZ 09-IS and Mayor, Bryan Lankhorst closed the public
hearing at 8: l0 p.m.
3. Staff Response and Summary of Case - No additional comments were
provided.
4. Action on Case -Mayor Pro-Tem, John Clark moved to approve proposed ordinance
for Case # P7 09-02 to Case # PZ 09-15, city initiated zone change to change the
zoning classification of certain properties within the City of Kennedale being
approximately 18.58 acres out of the Jesse Russell Survey, Abstract 1361, and Block 1,
Lot 4, Jesse Russell Addition from that of "C-2" General Commercial District to that
of "R-2" Single Family Residential District. Motion second by Councilmember, Kelly a
Turner. Mayor Pro-Tem, John Clark, and Councilmember's Kelly Turner, Brian '
Johnson, and Jerry Miller voted aye, while Councilmember, David Green abstained.
Motion carried (4-0- I ).
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n. Review and consider action to approve a rate adjustment for solid waste collection by [ESI
TX Corporation.
Mayor Pro-Tem, John Clark moved to approve a 1.8% rate adjustment for solid waste
collection by IESI TX Corporation, second by Councilmember, Kelly Turner. Mayor Pro-
Tem, John Clark and Councilmember's Kelly Turner, David Green, and Brian Johnson
voted aye, while Councilmember, Jerry Miller voted nay. Motion carried (4-1).
There being no further discussion, Mayor, Bryan Lankhorst recessed the meeting at 8:25
p.m. to enter into executive session.
IX. EXECUTIVE SESSION
a. The City Council will meet in closed session pursuant to Section 551.071 of the
hexas 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 551.072 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. TownCenter Development
3. New F[ope Road properties.
4. Kennedale Parkway properties.
X. RECONVENE INTO OPEN SESSION, AND TAKE ACTION NECESSARY
~"' PURSUANT TO EXECUTIVE SESSION, IF NEEDED.
Mayor, Bryan Lankhorst reconvened into open session at 9:52 p.m. with no action taken on
executive session items.
It was noted that Councilmember. Brian Johnson departed the meeting during executive session.
XI. ADJOURNMENT
There being no further discussion, Mayor Lankhorst asked for a motion to adjourn. Mayor Pro-
`•• • ,,,,,,Tem, John Clark so moved, and Councilmember. Jerry Miller seconded the motion with all
OF K~t~ibers present voting in favor. Motion carried (4-0). Meeting adjourned at 9:53 p.m.
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(; . •.-y~': APPROVED:
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~? ayor, Bryan Lankhorst
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Kathy Turner, ity Secretary
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