01.14.2010 CC Minutes 3465
MINUTES
KENNEDALE CITY COUNCIL
REGULAR MEETING — JANUARY 14, 2010
405 MUNICIPAL DR. — KENNEDALE MUNICIPAL BLDG.
COUNCIL CHAMBERS
CALL TO ORDER
Mayor Lankhorst called the work session to order at 7:05 p.m.
II. ROLL CALL
Kathy Turner, City Secretary 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
Kathy Turner City Secretary
Sakura Dedrick Director of Finance
Rachel Roberts Planner
Tommy Williams Chief of Police
Larry Ledbetter Director of Public Works
Mike McMuray Fire Chief
III. WORK SESSION
A. Discussion on planning regulations in the ETJ.
Bob Hart, City Manager addressed platting jurisdiction within the city's ETJ and
indicated that the City had been contacted by the County in regards to such. Hart
explained that HB 1445 provides four options for approval of subdivision plats and
permits in the ETJ: 1) the City may be given exclusive jurisdiction over plats and
development permits in the ETJ; 2) the County may be given exclusive jurisdiction
over plats and development permits in the ETJ; 3) the ETJ may be apportioned for
jurisdiction purposes; or 4) a joint City /County office may be established to apply a
hybrid set of regulations.
Next, Hart stated that HB 1445 was adopted in 2001 and required the County to
execute an agreement with every city in the County to regulate approval of plats in
the ETJ no later than April 1, 2002. However, no agreements were ever executed
on behalf of the County. As a result, the County is now initiating contracts, in
which provides the County exclusive jurisdiction over plats and development
permits in the ETJ.
In addition, Wayne Olson, Legal Counsel reported that some cities were concerned
more with regulatory control, as city standards utilized for streets, water /sewer
installation, etc., may be more restrictive than the County requirements. Mr.
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Olson indicated that it was basically a matter of preference, and that the City
needed to decide what regulations needed to apply, and what is in the best interest
of the City. Also, Mr. Hart replied that he did address city water /sewer regulations
with the County and they agreed to input those requirements into the agreement.
However, street regulations were not discussed.
Open discussion then ensued regarding street regulations, right -of -way widths, and
utility sizes. Concerns were expressed with future expenses regarding
infrastructure costs once areas were brought into the City. It was suggested to have
agreement amended to include the city's current design standards.
B. Planning and Zoning presentation regarding form -based zoning.
Rachel Roberts, Planner indicated from the Strategic Planning Session that the
P &Z was given a task of creating a different classification of residential zoning to
use in certain areas within the city that currrent zoning classifications conflict with.
She said one approach being reviewed is form -based code.
Next, P &Z Vice -Chair Ernest Harvey explained form -based code addresses the
relationship between building facades and the public realm, the form and mass of
buildings in relation to one another, and places a primary emphasis on building
type, dimensions, parking location and facade features, and less emphasis on uses.
Mr. Harvey went on to review the advantages of form -based code, provided a
comparison of conventional zoning vs. form -based code, the approach, and where
to apply this type of zoning within Kennedale.
In addition, handouts were provided to Council for review in regards to form -based
codes from various cities that utilizes this type of zoning. A question and answer
session followed with support to obtain more information in regards to form -based
codes.
C. Discuss and review any item on the agenda, if needed.
Bob Hart, City Manager addressed Consent Agenda Item E - Bowman Springs
Road At -Grade Crossing Agreement in regards to Quite Zones. Hart indicated
that for a Quite Zone, arms needed to be installed, as well as a median to prevent
traffic from going around the arms, which is in the design of Bowman Springs. He
said design would meet all requirements of Quite Zone, but that more work would
need to be done at the other three crossings. Furthermore, Hart implied that an
agreement would need to be submitted for each crossing, and that it would be
easier to do all at one time versus one on one. Hart expects to begin process of
Quite Zones within six months of project completion.
There being no further discussion, Mayor Lankhorst closed the work session at
6:53 p.m.
IV. REGULAR SESSION
Mayor Lankhorst called the regular session to order at 7:05 p.m.
V. INVOCATION
Ms. Rachel McMannis, Kennedale High School student led 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
Ms. Nadeya Patel, 4111 Spring Brook Dr., Arlington, TX thanked the Mayor and City
Council for allowing her to serve as "Mayor for the Day" during the December 2009
council meeting, and allowing her the opportunity to learn how local government works.
Pat Doescher, Chairman with the Chamber of Commerce announced the upcoming
Networking Luncheon and Business after Hours Social. Also, Mrs. Doescher advised
Council that Angela's Mexican Restaurant had closed.
IX. REPORTS /ANNOUNCEMENTS
A. Mayor
Mayor Lankhorst announced that 2010 would be a great year, as a lot of projects
would come to fruition.
B. City Council — No Council reports and/or announcements.
C. City Manager
1. Award Medal of Valor to Forest Hill Fire Department.
Bob Hart, City Manager indicated that a Medal of Valor had been issued to the
Forest Hill Fire Department for saving the life of Mrs. McBroom whose house
had been damaged in a recent fire. Also, Hart said that a ceremony honoring
the Kennedale Firefighters would be held Saturday at 1:00 p.m. at the
Kennedale Fire Department for their efforts in retaining the fire so that the
Forest Hill Firemen could retrieve Ms. McBroom.
2. Presentation of Certificate of Achievement for Excellence in Financial
Reporting to Sakura Moten - Dedrick, Director of Finance.
Bob Hart, City Manager presented a Certificate of Achievement for Excellence
in Financial Reporting to Sakura Moten - Dedrick, Director of Finance.
X. CONSENT AGENDA
A. Approval of regular meeting minutes dated December 10, 2009.
B. Approval to award bid to Jackson Construction Ltd., for Tarrant County Bond
Street Reconstruction - Bowman Springs Road Project.
D. Approval to award bid for Sonora Park Spray Park and Playground Equipment.
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E. Approval to authorize City Manager to execute Union Pacific Railroad
Company Agreement for relocation and construction of Bowman Springs Road At-
Grade Public Road Crossing.
F. Approval of Resolution No. 309, dedicating 4.152 acres of parkland as open space
for perpetuity as required by the Texas Parks and Wildlife Department.
G. Approval of Resolution No. 310, authorizing award of low bid, contract, and
funding participation with Tarrant County Community Development and Housing
for the 35 Year Community Development Block Grant Project for sanitary sewer
replacement to include building approximately 840 LF of pipe bursting
enlargement and open -cut replacement of existing sanitary sewer pipe and manhole
replacement to serve Spiller Street located within the Original Town of Kennedale,
Texas, Tarrant County.
Mayor Pro -Tem Clark move to approve consent agenda items XA — XG as
presented, second by Councilmember Miller. Motion carried unanimously (5 -0).
XI. REGULAR ITEMS
H. Review and consider action to approve Resolution No. 311, of the City of
Kennedale, Texas approving a Project Agreement with the Kennedale Economic
Development Corporation with respect to the Issuance of the City's Combination
Tax and Revenue Certificates of Obligation, Series 2010.
Councilmember Miller moved to approve Resolution No. 311, approving a Project
Agreement with the KEDC with respect to the Issuance of the City's Combination Tax and
Revenue Certificates, Series 2010. Councilmember Turner seconded the motion and all
members voted in favor. Motion carried (5 -0).
I. Review and consider action to approve Ordinance No. 449, authorizing the
Issuance, Sale and Delivery of "City of Kennedale, Texas Combination Tax and
Revenue Certificates of Obligation, Series 2010 ", securing the payment thereof by
authorizing the levy of an annual Ad Valorem tax and a pledge of surplus revenues
of the City's Waterworks and Sanitary Sewer System; approving and authorizing
the execution of all instruments and procedures related thereto including a Purchase
Contract, an Official Statement, and a Paying Agent /Registrar Agreement, and
providing for an immediate effective date.
Mayor Pro -Tem Clark moved to approve Ordinance No. 449, authorizing the
Issuance, Sale and Delivery of "City of Kennedale, Texas Combination Tax and
Revenue Certificates of Obligations, Series 2010 ". Motion seconded by
Councilmember Miller. Motion carried unanimously (5 -0).
J. 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.
Mayor Pro -Tem Clark moved to authorize the Mayor to execute an Interlocal
Agreement with Tarrant County regarding plat approval jurisdiction in the city's
extraterritorial jurisdiction subject to the agreement being modified to include the
city's minimum requirements for roads, as the City water /sewer requirements are.
Motion seconded by Councilmember Green. Motion carried (5 -0).
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K. Review and consider action to authorize budget amendments for fiscal year
2009 -2010.
Mayor Pro -Tem Clark moved to table this item until the February 2010 meeting,
second by Councilmember Green. Motion carried (5 -0).
L. Discussion on process for locating the 9 -1 -1 Memorial Tribute.
Bob Hart, City Manager indicated that the City had been approved to receive a
portion of steel from the World Trade Center for the intended use in creating a
memorial, which must be open to the general public such as in parks,
fire /EMS /police stations, emergency service training grounds for uniformed
personnel or places of public assembly. Also, Hart advised that the steel could not
be used in personal collections, sold, or used for fundraising.
A discussion then ensued, as to where an appropriate location would be to place the
structure. Council agreed to form a committee to review and recommend
placement of the structure within the City, which would allow for honor and easy
access for the public.
Mayor Pro -Tem Clark moved to recommend a committee be comprised of
Councilmember's Green and Turner, two members from the Park Board, Fire Chief
McMurray and two fire personnel, City Manager, and one member from the EDC.
Councilmember Turner seconded the recommendation and motion carried
unanimously (5 -0).
M. Review and consider action to create Kennedale Branding Task Force consistent
with work of Imagine Kennedale 2015 Strategic Plan.
Bob Hart, City Manager indicated that the Branding Task Force was a follow up to
the Strategic Plan, in which the task force would be assigned the task to work with
the city's brand and image issues.
Hart provided Council a calendar time table identifying steps necessary to
implement the process, and suggested that a task force be created consisting of a
couple of members from the EDC, Council, one person from P &Z, and four
persons who were involved with the strategic plan.
Additionally, he said that UTA was scheduled to do a citizen opinion survey with
the focus on branding and imaging during the Spring semester, and work would
continue for approximately 9 months through 2010.
Councilmember Johnson moved to create and appoint a task force with
consideration of two members from the EDC, two councilmember (Jerry Miller
and Brian Johnson), one P &Z member, and four strategic plan participants. Motion
seconded by Councilmember Turner with all members voting in favor. Motion
carried (5 -0).
No further discussion, Mayor Lankhorst recessed the meeting at 8:00 p.m. to enter
into executive session.
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XII. 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. TownCenter Development
2. Sublett Road re- alignment properties
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.
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.
XIII. RECONVENE INTO OPEN SESSION, AND TAKE ACTION NECESSARY
PURSUANT TO EXECUTIVE SESSION, IF NEEDED.
Mayor Lankhorst reconvened into open session at 9:15 p.m.
A. Consider approval of resolution authorizing legal counsel to proceed with
condemnation of property located in the J. M. Lilly Survey, Abstract 980, Tract
4A01 for widening of Sublett Road.
B. Consider approval of resolution authorizing legal counsel to proceed with
condemnation of properties located in the J. M. Lilly Survey, Abstract 985, Tracts
1A01, 1 A01 A 1, 1A02, 1A2A, 1A2B, and 1 A02C for widening of Sublett Road.
C. Consider approval of resolution authorizing legal counsel to proceed with
condemnation of property located in Turner Acres Addition, Block 1, Lot 1 for
widening of Sublett Road.
D. Consider approval of resolution authorizing legal counsel to proceed with
condemnation of property located in the John Watson Addition, Block 1, Lot 1A
for widening of Sublett Road.
E. Consider approval of resolution authorizing legal counsel to proceed with
condemnation of properties located in the J. M. Estess Home Tracts Addition, Lots
1C1, 3A, 3B, 4R, 6B, 7, 8A2, 8A3, 11B, 11C1 for widening of Sublett Road.
F. Consider approval of resolution authorizing legal counsel to proceed with
condemnation of properties located in the Glenn Oaks Addition, Block 1, Lot 1,
and Block 3, Lots 1 and 2 for widening of Sublett Road.
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G. Consider approval of resolution authorizing legal counsel to proceed with
condemnation of properties located in the W.E. Halton Survey, Abstract 1791,
Tracts 1A01, 1C, and 1C01 for widening of Sublett Road.
H. 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
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 No. 312, authorizing legal
counsel to proceed with condemnation of a portion of approximately 85.362 acres
tract of land called Lot 7, Raceway Estates, second by Councilmember Johnson.
Motion carried (5 -0).
Mayor Pro -Tem Clark moved to approve Resolution No. 313, authorizing legal
counsel to proceed with condemnation of a portion of an approximately 17.92 acre
tract of land situated in the C. B. Teague Survey, Abstract 1506, Tarrant County,
Texas for a water line easement, second by Councilmember Miller. Motion carried
(5 -0).
XIV. ADJOURNMENT
There being no further discussion, Mayor Lankhorst asked for a motion to adjourn.
Councilmember Johnson so moved and Councilmember Miller seconded the motion with
all members present voting in favor. Meeting adjourned at 9:17 p.m.
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Mayor, Bryan Lankhorst
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AT'I EST:
Kathy T uir er, City Secretary