12.10.2009 CC Minutes3455
MINUTES
KENNEDALE CITY COUNCIL
REGULAR MEETING -DECEMBER 10, 2009
405 MUNICIPAL DR. -KENNEDALE MUNICIPAL BLDG.
COUNC[L CHAMBERS
I.
CALL TO ORDER
Mayor Lankhorst called the work session to order at 5:35 p.m.
11. ROLL CALL
City Secretary, Kathy Turner called roll with the following person's present/absent:
Council present: Bryan Lankhorst Mayor
John Clark Mayor Pro-Tem, 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
Wayne K. Olson Legal Counsel
Cindy Henry Asst. to City Manager/HR Director
Kathy Turner City Secretary
Sakura Dedrick Director of Finance
Amy Owens Utility Billing Administrator
Jennifer Bozorgnia Court Administrator
Rachel Roberts Planner
Tommy Williams Chief of Police
Larry Hoover Street Supervisor
III. WORK SESSION
A. Discuss Stormwater Utility System.
Diane Palmer with Palmer Price, Inc., provided a second PowerPoint presentation
regarding Stormwater Utility Implementation within the City of Kennedale. Mrs.
Palmer explained what a Stormwater utility fee is, Stormwater utility authorization,
and the advantages of having a stormwater utility fee, as well as the benefits that
could arise from such a fee.
Also, she addressed impervious areas, the fee calculation, capital improvement
projects and time schedule, and bond funding alternatives.
Next, exemptions were discussed along with community notification and what city
council actions were needed to implement such fee.
B. Discuss and review any item on the agenda, if needed.
,~,,, There being no other discussion, Mayor Lankhorst adjourned the work session at
6:35 p.m.
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IV. REGULAR SESSION
Mayor Lankhorst called regular session at order at 7:10 p.m., and introduced Mayor for
the Day winner, Nadia Patel.
V. INVOCATION
Senior Pastor, Scott Oldenburgh with Fellowship of the Metroplex provided the
Invocation.
VI. US PLEDGE OF ALLEGIANCE
Mayor of the Day, Nadia Patel led the US Pledge of Allegiance.
VI1. TEXAS PLEDGE OF ALLEGIANCE
"Honor the Texas Flag; I Pledge Allegiance to Thee, Texas, One State under God; One
and Indivisible."
Mayor of the Day, Nadia Patel led the US Pledge of Allegiance.
Vlll. PRESENTATION
James F. Delaney Elementary Choir performed a variety of Christmas music under the
Direction of Lisa Griffin.
IX. VISITOR/CITIZENS FORUM
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Chairman, Walter R. Colemen with The United States Fallen Heroes Foundation .~s
presented a Certificate of Appreciation to Mayor, Bryan Lankhorst for his support, and to
acknowledge him along with city staff for honoring the sacrifices of all the brave Military
Personnel who have given their lives in the The Gulf War, Operation Iraqi Freedom, and
Operation Enduring Freedom.
X. REPORTS/ANNOUNCEMENTS
A. Mayor
1. Introduce Mayor for the Day Winner
Mayor Lankhorst introduced Mayor for the Day Winner, Nadeya Patel at the
start of regular session. Mayor Lankhorst indicated that Ms. Patel was the
highest bidder for the item at the annual KHS Chili Auction Supper, which
helps raise money for scholarships for graduating seniors. Mayor Lankhorst
indicated that Ms. Patel would assist as Mayor and would be announcing
agenda items.
B. City Counc-l
Councilmember Johnson thanked Perry Hoover for serving as MC of the Annual
Christmas Tree Lighting ceremony, and acknowledged that it was great to see city
employee, Glenn Greenwood back at work.
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C City Manager
Presentation of Certificate of Achievement for Excellence in Financial
Reporting to Sakura Moten-Dedrick, Director of Finance.
~' Bob Hart, City Manager announced that Director of Finance, Sakura Moten-
Dedrick had received the Certificate of Achievement for Excellence in
Financial Reporting; however the plaque was in transient and would be
presented at a later date.
Mr. Hart also indicated that the City of Kennedale had received Port Authority
from New York and would receive a 9-1-1 Memorial to be placed within the
city.
XI. CONSENT AGENDA
A. Approval of regular meeting minutes dated November 5, 2009.
B. Approval of Quarterly Investment Report.
C. Approval of Resolution No. 301, declaring certain property surplus and/or salvage
and authorizing the sale of said property.
D. Approval to purchase two vehicles through Parker County Cooperative Purchasing
Program.
E. Approval to authorize City Manager to sign Interlocal Agreement with Tarrant
.~ County for Bowman Springs Road.
F. Approval to authorize City Manager to sign Interlocal Agreement with Tarrant
County to construct parking lot at Sonora Park.
Councilmember Johnson moved to approve consent agenda items XI-A through
XI-F as listed on the agenda, second by Councilmember Turner. Motion carried
unanimously (5-0).
X11. REGULAR ITEMS
G. Receive report from UTA Capstone Project concerning Performance Measures for
selected City Departments.
Bob Hart, City Manager advised students were working through the fall semester
and finalizing report to go before their Professor for clearance, and would return in
January 2010 to present a report before Council.
H. Review and consider action to authorize staff to proceed with publication of public
hearing notice and required ordinance for Stonnwater Utility System.
Mayor Pro-Tem Clark moved to authorize staff to proceed with publication of
public hearing notice and required ordinance for Stormwater Utility System for the
February 11, 2010 Council meeting at a rate of $4.00 with an anticipated $0.50 cent
increase per year over the next 10 years. Councilmember Green seconded the
motion, and motion carried unanimously (5-0).
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Public Hearing, Review and Consider action to approve Case #PZ 09-24, re-plat of
approximately 6.163 acres from Block 1, Lots 6A, 6A 1, 6A2, 6A 1 A, 7A, and 7A2,
Oliver Acres Subdivision to Block 1, Lot 7R1, Oliver Acres Subdivision, as
requested by Sharon Crouch. The physical address is 1121 Swiney Hiett Road,
Kennedale, TX.
1. Staff Presentation of Case
Rachel Roberts, Planner addressed Case #PZ 09-24 request for a re-plat by
Sharon Crouch. Ms. Roberts indicated that the applicant was replatting six lots
into one with the intention of demolishing an existing structure to build a new
home.
Roberts advised that the replat did not conflict with the goals of the
Comprehensive Land Use Plan, the Future Land Use Plan, or the Thoroughfare
Plan, as well as other applicable ordinances.
Roberts said the Planning and Zoning Commission recommends approval of
the re-plat contingent upon applicant noting on the plat drawing which
buildings are to be removed and which are yet to be built, and adding side and
rear setback lines.
2. Applicant Presentation of Case -Applicant was not present.
3. Public Hearing
Mayor Lankhorst opened the public hearing for comments at 7:57 p.m. With
no persons present registered to speak, Mayor Lankhorst closed the public
hearing at 7:58 p.m.
4. Staff Response and Summary of Case - No response and/or summary.
5. Applicant Response - No response.
6. Action on Case #PZ 09-24
Councihnember Johnson moved to approve Case #PZ 09-24, re-plat of Lot
7R1, Block 1, Oliver Acres contingent upon applicant noting on the plat
drawing which buildings are to be removed and which are yet to be built, and
adding side and rear setback lines. Councihnember Miller seconded the
motion and all members present voting in favor. Motion carried (5-0).
Public Hearing, Review and Consider action to approve Case #PZ 09-25, final plat
and re-plat of approximately 6.186 acres from Tracts 13, 13A7, 13 A08, 13C, 13D,
David Strickland Survey, Abstract 1376, and Block 1, Lot 24A and Block 2, Lot
1 B, Swiney Estates to Block A, Lots 1, 2, & 3, George Case Addition, as requested
by Kimley-Horn & Associates on behalf of Chesapeake Land Development
Company, L.L.C. The physical address is 400 Bolen Road and an un-addressed
portion of Bolen Road.
1. Staff presentation of Case
u./'
Rachel Roberts addressed Case #PZ 09-25, re-plat and final plat requested by
Kimley-Horn & Associates. Roberts indicated that the property consisted of
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a variety of zoning districts, however the applicant was not requesting a zone
change at present. She said the current zoning would remain until the owner
wished to develop the property, at which time a re-zoning would be required.
Also, Roberts indicated that existing structures were on the site and noted on
.... the plat drawing, as well. She implied that existing structures under current
property boundaries would continue as non-conforming structures, and that
where property boundaries are proposed to change, structures would comply
with setback regulations.
Next, Roberts advised that the replat did not conflict with the goals of the
Comprehensive Land Use Plan, the Future Land Use Plan, or the
Thoroughfare Plan, as well as other applicable ordinances.
In closing, Roberts indicated that the Planning and Zoning Commission
recommend approval contingent upon owner information noted on plat
drawing for Lot 13A6 be corrected to reflect a change in ownership, which
ensures that the plat conforms to city requirements.
Applicant Presentation of Case
Dave Cash, representative with Chesapeake indicated that he agrees with
staff recommendation and requested approval.
Public Hearing
Mayor Lankhorst opened the public hearing at 8:04 p.m., and closed the
public hearing at 8:05 p.m. with no speakers registered.
4. Staff Response and Summary of Case - No response/and or summary.
Applicant Response
Mr. Cash indicated that at present there were no plans for the property, but
would eventually subdivide and sale.
Action on Case #PZ 09-25
Councilmember Turner moved to approve Case #PZ 09-25, contingent upon
owner information noted on plat drawing for Lot 13A6 be corrected to reflect
a change in ownership. Council-nember Johnson seconded the motion with
all members voting in favor. Motion carried (5-0).
K. Public Hearing, Review and Consider action to approve Ordinance No. 444, Case
#PZ 09-26, re-zoning request of approximately 1.13 acres consisting of Tract
4A01, Abstract 980, and Tract 1A01, Abstract 985, J.M. Lilly Survey located at
900 W. Kennedale Sublett Road, Kennedale, TX from "AG" Agriculture to "C-1"
Restricted Commercial, as requested by Larry Walther.
1. Staff Presentation of Case
... Rachel Roberts, Planner addressed Case #09-26, re-zoning request by Larry
Walther to "C-1" Restricted Commercial. Ms. Roberts indicated that the re-
zoning request appears to conflict with the city's Comprehensive Land Use
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Plan through the Future Land Use Plan, as the plan calls for low density
residential.
Roberts indicated that staff believes the general welfare of the property would
not be enhanced by rezoning to commercial use designation, nor does staff
believe that the property is unusable for the purposes allowed under existing
zoning regulations. And, the requested zoning is in conflict with the Future
Land Use Plan component of the Comprehensive Land Use Plan.
Next, Roberts reported that the Planning and Zoning Commission voted
unanimously to recommend denial without prejudice of the rezoning request.
2. Applicant Presentation of Case - No presentation by applicant.
3. Public Hearing
Mayor Lankhorst opened the public hearing at 8:10 p.m. for public comments.
With no comments, Mayor Lankhorst closed the public hearing at 8:1 1 p.m.
4. Staff Response and Summary of Case - No response/and or summary.
5. Applicant Response -No response.
6. Action on Ordinance No. 444
Councilmember Johnson moved to deny Ordinance No. 444, Case #09-26 re-
zoning request by Larry Walther, second by Councilmember Miller. Motion
carried unanimously (5-0).
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L. Public Hearing, Review and Consider Action on Case #PZ 09-27, re-plat request of
approximately 1.763 acres from Block 1, Lot 21, Murray Hill Estates to Block 1,
Lots 21 R and 2181, Murray Hill Estates, as requested by Stephanie Ahrens. The
physical address is 1228 Kennedale Sublett Road, Kennedale, TX.
Staff Presentation of Case
Rachel Roberts addressed Case #PZ 09-27, re-plat request by Stephanie
Ahrens. Roberts indicated that the property owners were subdividing the
property into two lots, which meets the requirements for a replat, except for
the front setback requirement, which is 40 feet. Roberts said the proposed
lots have a 30-foot setback, which was originally required, when the
subdivision was platted and most of the existing lots do have a 30-foot
setback.
Also, Roberts said that the replat does not conflict with the goals of the
Comprehensive Land Use Plan, the Future Land Use Plan, or the
Thorou~~hfare Plan; nor does the replat conflict with other applicable
ordin~inccs.
In addition, the Planning and Zoning Commission reviewed the replat and
voted unanimously to recommend approval of the replat with the following
conditions: ../
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...
1. Applicant shall amend title of plat drawing to include the preparation
date, to conform with standards set forth in the city code; and
2. Applicant shall amend the plat drawing to include all exiting structures
and note which structures are permanent structures, as this will allow
staff to verify that no structure encroach on the setback lines; and
3. The Commission granted a variance to allow a 30' foot setback originally
required, rather than requiring the 40' setback now required; and
4. Applicant removes the m~rtual use and fence easement from the replat.
Applicant Presentation of Case - No presentation by applicant.
Public Hearing
Mayor Lankhorst opened the public hearing at 8:19 p.m. for public comments. With
no comments, Mayor Lankhorst closed the public hearing at 8:20 p.m.
Staff Response and Summary of Case - No response/and or summary.
Applicant Response - No applicant response.
Action on Case #PZ 09-27
Councilmember Turner moved to approve Case #PZ 09-27 contingent upon
the following conditions being met:
1. Applicant shall amend title of plat drawing to include the preparation
date, to conform with standards set forth in the city code; and
2. Applicant shall amend the plat drawing to include all existing structures
'~ and note which structures are permanent structures, as this will allow
staff to verify that no structure encroach on the setback lines; and
3. Grant a variance to allow a 30' foot setback originally required, rather
than requiring the 40' setback now required; and
4. Applicant removes the mutual use and fence easement from the replat.
Councilmember Miller seconded motion. Motion carried unanimously (5-0).
M. Review and consider approval to authorize City Manager to sign Interlocal
Agreement with NCTCOG for Watershed Study.
Councilmember Johnso-1 moved to authorize the City Manager to sign Interlocal
Agreement with NCTCOG for Watershed Study in the amount of $50.000.00,
second by Councilmember Miller. Motion carried unanimously (5-0).
N. Review and consider action to approve Resolution No. 302, authorizing Issuance of
Certificate of Obligations for the development of Kennedale TownCenter.
Mayor Pro-Te-n Clark moved to approve Resolution No. 302, authorizing Issuance
of Certificate of Obligations for the development of Kennedale TownCenter not to
exceed $2 Million Dollars, second by Councilmember Miller. Motion carried
unanimously (5-0).
~, O. Review and consider action to authorize lease of Lot 8, Kennedale Retail Center from the
Economic Development Corporation.
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Mayor Pro-Tem Clark moved to authorize the lease of Lot 8, Block A, Kennedale
Retail Center to the City for a term of 50-years for $1.00 annually, second by
Councilmember Green. Motion carried unanimously (5-0).
P. Review and consider action to approve amendment to KEDC 2009-2010 Fiscal
Year Budget.
Councilmember Johnson moved to amend KEDC 2009-2010 fiscal year budget to
allow for re-payment of debt service from sales tax receipts to fund the Certificate
of Obligations for the development of the TownCenter. Motion seconded by
Councilmember Turner. Motion carried unanimously (5-0).
Q. Review and consider action to appoint members to the Municipal Management
District Board.
Councilmember Miller moved to appoint Mayor, Bryan Lankhorst and KEDC Vice
President, Donnie Graham to the Municipal Management District with each to
serve a two-year term beginning January 1, 2010. Motion seconded by
Councilmember Johnson, and motion carried unanimously (5-0).
R. Review and consider action to authorize City Manager to sign an agreement with
Russ Reid for federal lobbying.
Mayor Pro-Tem Clark moved to authorize the City Manager to sign an agreement
with Russ Reid for federal lobbying at a contract amount of Five-Thousand Dollars
($5,000.00) per month to assist with acquiring funding for future capital projects,
second by Councilmember Johnson. Motion carried unanimously (5-0)
There being no further discussion, Mayor Lankhorst entered into executive session
at 9:05 p.m.
XI11. 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 551.072 of the
Texas Government Code to deliberate the purchase, exchange, lease, or value of
real property for tl~e following:
1. TownCenter Development
2. Bowman Springs Road re-alignment properties
3. Sublett Road re-alignment properties
4. Acquisition of easements for 16" water-line extension
5. Acquisition of properties in Oak Crest
C. 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. ~'
Magistrates
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D. 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.
XIS . RECONVENE INTO OPEN SESSION, AND TAKE ACTION NECESSARY
PURSUANT TO EXECUTIVE SESSION, IF NEEDED.
Mayor Lankhorst reconvened into open session at 9:55 p.m.
A. Consider approval of resolution authorizing legal counsel to proceed with
condemnation of Lot 1, Block 1, Kim Addition for water line easement.
Mayor Pro-Tem Clark moved to authorize legal counsel to proceed with
condemnation of Lot 1, Block 1, Kim Addition for water line easement, second by
Councilmember Tuner. Motion carried unanimously (5-0).
B. Consider approval of resolution authorizing legal counsel to proceed with
condemnation of properties located in the E.C. Cannon Survey, Abstract 378,
Tracts 1 H & 1 HO1 for water line easement.
Mayor Pro-Tem Clark moved to authorize legal counsel to proceed with condemnation of
properties located in the E.C. Cannon Survey, Abstract 378, Tracts 1 H & 1 HOl for water
line easement, second by Councilmember Johnson. Motion carried unanimously (5-0).
C Consider approval of resolution authorizing legal counsel to file lawsuit seeking
the authorization to appraise properties owned by HM Real Estate Management,
LTD., being approximately fifty-eight acres of land located west of the 3800 block
of New Hope Road and Bruce Johnson, Trustee, being approximately seventeen
acres of land located east of the 300 block of Jonah Road for a water line easement
acquisition.
Mayor Pro-Tem Clark moved to approve resolution authorizing legal counsel to
file lawsuit-authorizing appraisal of Lots 6B3 and 7B, Raceway Estates for water
line easement acquisition. Councilmember Miller seconded the motion.
Mayor Pro-Tem Clark moved to amend his motion to include properties owned by
HM Real Estate Management, LTD., being approximately fifty-eight acres of land
located west of the 3800 block of New Hope Road and Bruce Johnson, Trustee,
being approximately seventeen acres of land located east of the 300 block of Jonah
Road for water line easement acquisition. Amended motion seconded by
Councilmember Miller. Motion with amendment carried unanimously (5-0).
D. Consider approval of resolution authorizing legal counsel to proceed with
condemnation of Lot 1, Block 1, Middleton Estates for widening of Sublett Road.
Mayor Pro-Tem Clark moved to authorize legal counsel to proceed with
condemnation of Lot 1, Block 1, Middleton Estates for widening of Sublett Road,
second by Councilmember Miller. Motion carried unanimously (5-0).
E. Consider approval of resolution authorizing legal counsel to proceed with
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condemnation of Lots 25 & 26, Block 3, Briarwood Addition for widening of
Bowman Springs Road.
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Mayor Pro-Tem Clark moved to approve resolution authorizing legal counsel to
proceed with condemnation of Lots 25 & 26, Block 3, Briarwood Addition for
widening of Bowman Springs Road, second by Councilmember Johnson. Motion
carried unanimously (5-0).
F. Consider action to remove magistrates.
Mayor Pro-Tem Clark moved to remove Magistrates Bill Atchley, Jennifer Demar,
and Gregory Hudson. Motion seconded by Councilmember Green with all
members present voting in favor. Motion carried unanimously (5-0).
XV. ADJOURNMENT
There being no further discussion, Mayor Lankhorst asked for a motion to adjourn.
Councilmember Johnson so moved, and Councilmember Turner seconded the motion
with all members present voting in favor. Meeting adjourned at 10:00 p.m.
APPROVED:
i
C%~l G~'f''~~
Mayor, Bryan Lankhorst
ATTEST:
Kathy Turner, City Secretary
.~ OF KEN~y.'` ,,
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