02.11.2010 CC Minutes 3472
MINUTES
KENNEDALE CITY COUNCIL
REGULAR MEETING — FEBRUARY 11, 2010
405 MUNICIPAL DR. — KENNEDALE MUNICIPAL BLDG.
COUNCIL CHAMBERS
CALL TO ORDER
Mayor Lankhorst called the regular meeting to order at 7:00 p.m.
II. ROLL CALL
Kathy Turner, City Secretary called roll with the following persons present:
('ouncil 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
S taff present: Bob Hart City Manager
Kathy Turner City Secretary
Tommy Williams Chief of Police
Larry Ledbetter Director of Public Works
III. WORK SESSION
Work Session items were rescheduled to the March 11, 2010 meeting due to inclement weather.
A. Joint work session with the Planning and Zoning Commission.
13. Discuss and review any item on the agenda, if needed.
IV. REGULAR SESSION
Mayor Lankhorst called the regular session to order at 7:00 p.m., and announced to the audience
that Council would only consider consent agenda items, regular agenda items N and 0, and
executive session items as posted due to inclement weather. Furthermore, he stated that citizens
would be afforded the opportunity to speak in regards to the Stormwater (Drainage) Utility Fees
and Sublett Road Project during the March 11, 2010 meeting.
V. INVOCATION
Bob Hart, City Manager gave the Invocation.
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VI. US PLEDGE OF ALLEGIANCE
Mayor Lankhorst led the US Pledge of Allegiance.
VII. TEXAS PLEDGE OF ALLEGIANCE
"Honor the Texas Flag; I Pledge Allegiance to Thee, Texas, One State under God; One and
Indivisible."
Mayor Lankhorst led the Texas Pledge of Allegiance.
VIII. 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.
IX. PRESENTATION
A. PowerPoint Presentation by committee members representing Art in the Park.
X. 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
B. City Council
('. City Manager
XI. CONSENT AGENDA
A. Approval of regular meeting minutes dated January 14, 2010.
B. Approval to award bid and authorize the City Manager to execute a contract with Gra -Tex
Utilities, Inc., in the amount of $168,112.50 for the construction of water and wastewater
improvements on High Ridge Road located within the Oak Crest Addition, Kennedale,
Texas.
('. Approval to award bid and authorize the City Manager to execute a contract with Conatser
Construction TX, LP, in the amount of $596,628.25 for the construction of the 16 -Inch
Water Line B, KHA No. 061156002.
1). Approval to authorize the Mayor to execute an Interlocal Agreement for Administrative
Costs Funding for Section 5310 Program with Fort Worth Transportation Authority in the
amount of $1,288.00 for transportation services to person's age 65 and older and persons
with disabilities.
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1 Approval of agreement with the KEDC providing for the transfer of proceeds from the sale
of Certificate of Obligations, Series 2010 for construction of TownCenter improvements.
1 . Approval of Resolution No. 314, calling for a General Election to be held May 8, 2010,
approving a joint contract with Tarrant County Elections Administrator to administer the
election, and establishing procedures for 'election.
(1. Approval of Resolution No. 315, declaring certain property surplus and/or salvage and
authorizing the sale of said property.
11. Approval of Resolution No. 316, authorizing the City Manager to execute a J.P. Morgan
Chase Bank resolution and agreement to participate in State of Texas Purchase Card
Program.
Approval of Racial Profiling Report.
Councilmember Johnson moved to approve consent agenda items as presented, and
Councilmember Miller seconded the motion. Motion carried unanimously (5 -0).
XII. REGULAR ITEMS
Due to inclement weather, Mayor Pro -Tem Clark moved to table regular agenda items J, K, L,
and M until the regular March 11, 2010 City Council Meeting. Councilmember Johnson
seconded the motion. Motion carried unanimously (5 -0).
J. Public hearing to receive public input regarding a proposed Ordinance No. 447 of the City
of Kennedale, Texas amending Chapter 23 of the Kennedale City Code of Ordinance
(1991), as amended, by adding a new Article IX "Stormwater (Drainage) Utility System" to
establish a municipal stormwater (drainage) utility system; establish an administrative
appeals process; provide penalties and remedies for nonpayment; exempt certain property
from fees; and provide a process by which to discontinue the Stormwater (Drainage) Utility
System.
1. Staff Presentation
2. Public Input
3. Staff Response, if needed
K. Public hearing to receive public input regarding a proposed Ordinance No. 448 of the City
of Kennedale, Texas amending Chapter 23, Article IX "Stormwater (Drainage) Utility
System ", of the Kennedale City Code of Ordinances (1991), as amended, by adding a new
Division 2 "Stormwater (Drainage) Utility Fees" to establish monthly stormwater
(drainage) utility fees for the purpose of funding the Stormwater (Drainage) Utility System.
L Staff presentation
2. Public Input
3. Staff Response, if needed.
1.. Discussion on Tarrant County Road Bond Projects.
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M. Review and consider action to approve IESI residential and commercial garbage rate
increase for 2010.
N. Public hearing, review, and consider action to approve Resolution No. 317, authorizing
funding participation with Tarrant County Community Development Housing for the 36
Year Community Development Block Grant for sanitary sewer improvements on New
Hope Road, Original Town of Kennedale, Kennedale, Texas.
1. Staff presentation
Larry Ledbetter, Director of Public Works reported that the City has an annual public
works project that is funded by the Community Development Block Grant (CDBG)
administered by Tarrant County that requires the City to authorize the project and
pledge any funds that the City may use in participation with the project. Ledbetter
indicated the recommended project would be a continuation of last year's project,
which includes the replacement of 1,000 linear feet of sanitary sewer along New
Hope Road, located in the Original Town of Kennedale, which would include open
cut, boring, and replacement of four (4) manholes. He said the estimated
construction cost of the project is $143,748.00 of which the City's participation
would be estimated at $54,998.00, and would be budgeted in the 2010/2011
water /sewer fund budget for fiscal year 2010/2011.
2. Public Input
With no persons registered to speak, Mayor Lankhorst closed the public hearing at
7:05 p.m.
3. Staff Response, if needed. — No response.
� onse. P
4. Action to approve Resolution.
Councilmember Johnson moved to approve Resolution No. 317, authorizing funding,
participation with Tarrant County Community Development Housing for the 36
Year Community Development Block Grant for sanitary sewer improvements on
New Hope Road, Original Town of Kennedale, Kennedale, Texas. Motion was
seconded by Councilmember Turner with all members voting in favor. Motion
carried unanimously (5 -0).
0. Review and consider action to authorize the Mayor to execute Interlocal Agreement with
Tarrant County regarding plat approval jurisdiction in the city's extraterritorial jurisdiction.
Bob Hart, City Manager indicated that Council acted on this item last month with a
recommendation to include the city's street design regulations, in which Tarrant County
declined to accept. However, Hart advised that Tarrant County did accept legal counsel
recommendations and made change to lot sizes and setback requirements to comply with
the city's regulations.
A brief discussion ensued as to why the County would not accept the city's street design
regulations, and it was noted that the County only has equipment to maintain asphalt streets
versus concrete.
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Councilmember Green moved to approve Interlocal Agreement with Tarrant County
regarding plat approval jurisdiction in the city's extraterritorial jurisdiction as amended,
second by Councilmember Turner. Motion carried unanimously (5 -0).
No further discussion, Mayor Lankhorst recessed the regular session to enter into executive
session at 7:15 p.m.
XIII. 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
the following:
1. Sublett Road re- alignment properties
2. Little School Road re- alignment properties
('. 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. City Manager
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.
1. Fallen Heroes Monument
2. Transfer of Bowman Springs Road property to the KEDC.
XIV. RECONVENE INTO OPEN SESSION, AND TAKE ACTION NECESSARY PURSUANT
TO EXECUTIVE SESSION, IF NEEDED.
p.m.
Mayor Lankhorst reconvened into open session at 8:15
Y P p
A. Consider approval of resolution authorizing legal counsel to proceed with condemnation of
properties owned by HM Real Estate Management, LTD., being approximately fifty -eight
acres of land located west of the 3800 block of New Hopf Road and Bruce Johnson,
Trustee, being approximately seventeen acres of land located .st 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 proceed
with condemnation of 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
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the 300 block of Jonah Road for a water line easement acquisition. Motion seconded by
Councilmember Miller. Motion carried unanimously (5 -0).
B. Consider approval of Bowman Springs Road property transfer to the KEDC.
No action was taken on this item.
XV. ADJOURNMENT
I here being no further business to consider, Mayor Lankhorst asked for a motion to adjourn the
meeting. Mayor Pro -Tem Clark so moved and Councilmember Miller seconded the motion.
Meeting adjourned at 8:15 p.m.
APPROVED:
13 rvo i /K /((AAk kcr
Mayor, Bryan Lankhorst
ATTES "I :
Kathy Turner, City Secretary