10.08.2009 CC Minutes3441
MINUTES
KENNEDALE CITY COUNCIL
REGULAR MEETING -OCTOBER 8, 2009
405 MUNICIPAL DR. -KENNEDALE MUNICIPAL BLDG.
COUNCIL CHAMBERS
I. CALL TO ORDER
W ith a quorum present, Mayor, Bryan Lankhorst called the meeting to order at 5:30 p.m.
I1. ROLL CALL
Ciry Secretary, Kathy Turner called roll with the following person's present/absent:
Council present: Bryan Lankhorst
John Clark
Brian Johnson
Kelly Turner
Jerry Miller
Council absent: David Green
Staff present: Bob Hart
Wayne K. Olson
Cindy Henr_v
Kathy Turner
Sakura Dedrick
Tommy Williams
Mike McMurray
Larry Ledbetter
Mayor
Mayor Fro-Tem, Place 1
Councilmember, Place 3
Councilmember, Place 4
Councilmember, Place 5
Councilmember, Place 2
City Manager
Legal Counsel
Asst. to the City Manager/HR Dir.
City Secretary
Director of Finance
Chief of Police
Fire Chief
Director of Public Works
III. WORK SESSION
A. Joint workshop with the Kennedale Economic Development Corporation.
KEDC Board of Directors present was President, Robert Mundy, Darrell Erwin,
Mark Yeary, Rebecca Mowell, Doug Parker, and Donnie Graham. Vice-President,
Beverly Hayes was absent.
Mayor Lankhorst indicated his intent for the meeting was to meet throughout the
year with the various board/commission committee members to improve
communications, address any concerns, upcoming projects, as well as to receive
input from the board/commission committee members, and to reflect on the
direction of the board.
Discussion then ensued with the renovation of the TownCenter, road projects,
contractual efforts with Orasi Development, newsletter, grants,
commercial/industrial recruitment, and Imagine Kennedale 2015.
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B. Discuss and review any item on the agenda, if needed.
No further discussion, Mayor Lankhorst adjourned the work session at 6:55 p.m.
1 V. REGULAR SESSION
Mayor Bryan Lankhorst called the regular session to order at 7:05 p.m.
V. INVOCATION
Pastor, Richard Hansford with All Your Heart Ministries provided the invocation.
VI. US PLEDGE OF ALLEGIANCE
Mayor Lankhorst led the US Pledge of Allegiance.
VI1. TEXAS PLEDGE OF ALLEGIANCE
Mayor Lankhorst led the Texas Pledge of Allegiance.
VIII. VISITOR/CITIZENS FORUM
No persons registered to speak.
IX. REPORTS/ANNOUNCEMENTS
A. City Manager - No reports/announcements.
B. Mayor
Mayor Lankhorst made the following announcements: citywide garage sale
scheduled for October 16`x' and 17°i; citywide clean up scheduled for October 24`x'
and Kennedale Chamber of Commerce Golf Tournament scheduled for October
1 Sri,
Also, Mayor Lankhorst indicated that the Kennedale ISD Casino Night cleared
$4,000.00, and all monies raised would go towards the KISD Foundation.
C City Council - No reports/announcements.
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X. CONSENT AGENDA
Councilmember Johnson requested that item E be removed from consent agenda.
A. Approval of regular meeting minutes dated September 10, 2009.
B. Approval of Resolution No. 290, Authorizing the City Manager to enter into a
Master Funding Agreement with TxDOT.
C. Approval of Resolution No. 291, Awarding Bid and Pledging Funds for CDBG-R
Project for sanitary sewer improvements in the Oak Crest Addition, Phase 2.
D. Approval to approve Resolution No. 292, Designating the Kennedale News as the
official newspaper and the Fort Worth Star-Telegram as the alternate newspaper.
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F. Approval to authorize the City Manger to execute Interlocal Agreement with
Parker County for the purchase of two police vehicles from Reliable Chevrolet.
G. Approval of sale of surplus and/or salvage property at citywide garage sale.
H. Approval to authorize the City Manager to enter into a Professional Service
Agreement and Business Associate Agreement with Brinson Benefits, and
designate Brinson Benefits as Agent of Record effective October 1, 2009.
Approval to authorize the City Manager to execute an Interlocal Agreement with
the City of Fort Worth for continued participation in the Environmental Collection
Center Household Hazardous Waste Program.
Approval to authorize the City Manager to execute an Interlocal Agreement with
the City of Fort Worth for Rabies Control.
K. Approval to authorize the City Manager to execute four Interlocal Agreements with
Tarrant County for the reconstruction of Mansfield-Cardinal Road, the
reconstruction of Dick Price Road, the construction of the Sonora Park parking lot,
and maintenance of the city"s rights-of--way and drainage.
Motion by Councilmember Turner to approve consent agenda items A-D, and F-K,
second by Councilmember Miller. Motion carried. (4-0).
E. Approval to award bid for various city building roof repairs.
Motion by Councilmember Miller to award bid for city building roof repairs to
Wilson Roofing and Remodeling in the amount of $55,741, including labor and
materials for repairs to the police, library and senior citizens buildings. Motion
second by Mayor Pro-Tem, Clark.
A brief discussion took place regarding the replacement of the metal roofing with
composition, and tying roofing theme of all city building together with the
TownCenter.
Motion carried (4-0).
XI. REGULAR ITEMS
L. Public Hearing, Review and Consider action to approve Case #PZ No. 09-20, a re-
plat from Lots 1 through 8, Block 60, Original Town of Kennedale, and a part of
the adjacent Union Pacific Railroad right-of--way, to that of Lot 1R, Block 60, as
requested by Kelly McCreight. The property consists of approximately 1.249 acres
and is located at 401 W. Broadway, Kennedale, TX.
Staff presentation of Case #PZ No. 09-20
City Manager, Bob Hart addressed Case #PZ No. 09-20, and indicated that
the property owners wished to combine the 8 lots and a portion of the
railroad right-of--way into one lot, and were willing to dedicate a 10 foot
~•~• right-of--way strip for future widening of Averett /Broadway.
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In addition, Hart said the Planning and Zoning Commission sent a
recommendation of approval of the re-plat to Council.
2 Applicants presentation of Case #PZ No. 09-20 - No presentation.
3. Public Hearing - No persons registered to speak for or against Case #PZ No. rr
09-20. Mayor Lankhorst closed the public hearing at 7:22 p.m.
4. Staff response and summary of Case #PZ No. 09-20 - No comments.
5. Applicants response and summary of Case #PZ No. 09-20 - No Comments.
6. Action on Case #PZ No. 09-20
Motion by Councilmember Johnson to approve Case #PZ No. 09-20, re-plat
of Lot 1R, Block 1, Oliver Acres Addition, second by Councilmember
Miller. Motion carried (4-0).
M. Public Hearing, Review and Consider action to approve Case #PZ No. 09-21, re-
plat of approximately 6.163 acres from Lots 6A, 6A 1 6A2, 6A 1 A, 7A, and 7A2,
Block 1, Oliver Acres Subdivision to that of Lots 1R and 1R1, Block 1, as
requested by Sharon Crouch. The physical address is 1121 Swiney Hiett,
Kennedale, TX.
1. Staff presentation of Case #PZ No. 09-2 I
2. Applicants presentation of Case #PZ No. 09-21
3. Public Hearing
4. Staff response and summary of Case #PZ No. 09-21 ~,
5. Applicants response and summary of Case #PZ No. 09-21
6. Action on Case #PZ No. 09-21
No action was taken on this item, as property owners, John R. Crouch and
Sharon Crouch submitted a letter to cancel their request to re-plat the
property.
N. Public Hearing, Review and Consider action to approve Ordinance No. 441, Case
#PZ No. 09-22, re-zoning request of approximately 0.237 acres from that of "AG"
Agriculture to that of "R-3" Single Family Residential, as requested by Sharon
Crouch. The physical address is 1121 Swiney Hiett, Kennedale; an approximate
legal description of the site is Oliver Acres Subdivision, Block 1, a portion of Lots
6A 1 A and 6A 1, (Re-plated as Lots 1 R and 1 R 1, Block 1)Tarrant County, Texas.
1. Staff presentation of Case #PZ No. 09-22
2. Applicants presentation of Case #PZ No. 09-22
3. Public Hearing
4. Staff response and summary of Case #PZ No. 09-22
5. Applicants response and summary of Case #PZ No. 09-22
6. Action on Case #PZ No. 09-22
No action was taken on this item.
O. Public Hearing, Review and Consider action to authorize the City Manager to '~
execute an Oil and Gas Lease for Lot 33, Block 1, Winding Creek Addition.
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Staff summary of oil and gas lease
Bob Hart, City Manager advised that one bid was received from Chesapeake
Energy with a lease bonus of $11,008.16, royalty of 25%, a primary term of
"' two years, and a stipulation of no surface use.
2. Public Hearing
No persons registered to speak for or against proposed oil and gas lease for
Lot 33, Block 1, Winding Creek Addition. Mayor Lankhorst closed the
public hearing at 7:26 p.m.
3. Staff response, if needed.
Mayor Pro-Tm Clark inquired if specific language was needed to address sub
surface pipelines in the lease agreement. City Manager, Bob Hart indicated
that an ordinance was in place to address such, and that no additional action
was needed.
4. Action to authorize City Manager to execute said lease for Lot 33. Block 1,
Winding Creek Addition.
Motion by Councilmember Johnson to authorize the City Manager to execute
said Oil and Gas Lease for Lot 33, Block 1, Winding Creek Addition, second
by Councilmember Turner. Motion carried (4-0).
P. Review and consider action to approve Ordinance No. 442, Implementing
... requirements for back flow prevention.
No action on this item was taken, as it will be presented during the November
meeting.
Q. Review and consider action to approve Ordinance No. 443, Revising the water and
sanitary sewer rates related to gas well drilling.
Motion by Councilmember Miller to approve Ordinance No. 443, revising the
water and sanitary sewer rates related to gas well drilling, second by Mayor Pro-
Tem Clark. Motion carried (4-0).
R. Review and consider action to appoint/re-appoint members to the Kennedale
Economic Development Corporation Board of Directors.
Motion by Councilmember Johnson to re-appoint Darrell Erwin to Place 1, Beverly
Hayes to Place 3, Donnie Graham to Place 5, and Rebecca Mowell to Place 7, each
to serve atwo-year term. Motion second by Councilmember Miller. Motion
carried (4-0).
S. Review and consider action to appoint members to the Keep Kennedale Beautiful
Com-nission.
r.• Motion by Councilmember Johnson to appoint Wayne Wooten to Place 1, Suzanne
Greer to Place 3, and Wilda Turner to Place 5 to serve atwo-year term, and appoint
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Michael Chandler to Place 4 to serve cone-year term. Councilmember Turner
seconded the motion.
A brief discussion ensued with a recommendation to appoint a member from the
Kennedale Economic Development Corporation to serve as a regular member. It
was noted that recommendation would be sent before the EDC during their October ~
meeting, and would be brought back before the Council at the November meeting
for appointment.
Motion carried with all members present voting in favor. (4-0)
T. Review and consider action to approve Resolution No. 293, Nomination of
members to serve on the Board of Tarrant Appraisal District.
No action was taken on this item.
U. Review and consider action to move the November 12`x' Regular City Council
meeting date to November 5`~'.
Motion by Mayor Pro-Tem Clark to move the November 12`x' Regular City Council
meeting date to November 5'~', second by Councilmember Miller. Motion carried
(4-0).
V. Review and consider action to authorize the Mayor to execute a Guaranteed Energy
Savings Performance Contract with Energy Systems Group for variable frequency
pumps and soft start well pumps at T1, T2, T3, and T4 at a contract amount of
$156,169.
Motion by Councilmember Johnson to authorize the Mayor to execute a
Guaranteed Energy Savings Performance Contract with Energy Systems Group for
variable frequency pumps and soft start well pumps at TI, T2, T3, and T4 at a
contract amount of $156,169, second by Councilmember Turner. Motion carried
(4-0).
There being no further business, Mayor Lankhorst recessed the meeting at 8:55
p.m., to enter into executive session.
XI1. EXECUTIVE SESSIOI\
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 551.072 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. Bowman Springs Road re-alignment properties
4. Sublett Road re-alignment properties
5. Little School Road re-alignment properties
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a./
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C. The City Council will meet in closed session pursuant to Section 551.087 of the
Texas Government Code to deliberate the offer of a financial or other incentive to a
business prospect with which the city is conducting economic development
negotiations.
XIII. RECONVENE INTO OPEN SESSION, AND TAKE ACTION NECESSARY
PURSUANT TO EXECUTIVE SESSION, IF NEEDED.
Mayor Lankhorst reconvened into open session at 9:01 p.m., with no action taken on
executive session items.
XIS . ADJOURNMENT
There being no further discussion, Mayor Lankhorst asked for a motion to adjourn.
Councilmember Miller so moved, and Councilmember Turner seconded the motion.
Mayor Pro-Tem Clark and Councilmember Johnson abstained. Due to a tie vote, Mayor
Lankhorst voted aye. Motion carried (3-2). Meeting adjourned at 9:02 p.m.
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AT I EST:
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Kathv Tur er, City Secretary
APPROVED:
Mayor, Bryan Lankhorst