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03.11.2010 CC Minutes3478 MINUTES KENNEDALE CITY COUNCIL REGULAR MEETING — MARCH ll, 2010 405 MUNICIPAL DR. — KENNEDALE MUNICIPAL BLDG. COUNCIL CHAMBERS 1. CALL TO ORDER Mayor Lankhorst called the meeting to order at 5:30 p.m. 11. ROLL CALL Kathy Turner, City Secretary called roll with the following persons present: Prior to the start of the joint work session with Planning and Zoning Commissioners, Roy Boenig, 1020 Kennedale Sublett Road, Kennedale, TX addressed council with concerns regarding the design of Sublett Road. Mr. Boenig indicated that he did not sense anyone against the expansion of the roadway, it was the design of the median due to the inconvenience it will place on the residents living along the roadway. Boenig commented on the 25' radius requirement needed for emergency vehicle access, 12' drive entrances on 20 parcels, safety of 16' width roadway for ',ublett, median crossway, landscape and maintenance of medians, costs to restructure medians to roadway 10 to 15 years out, and notification of road widening and communicating to the public in regards to road improvements. �. Joint work session with the Planning and Zoning Commission. The City Council met in a joint work session with Planning and Zoning Commissioners Ernest Harvey, Frank Fernandez, Lori Bryan, Ray Cowan, Billy Simpson, and Charles Overstreet. The purpose of the work session was to discuss draft recommendations for t ouncil present: Bryan Lankhorst Mayor John Clark Mayor Pro -Tem, Place 1 David Green Councilmember, Place 2 Brian Johnson Councihnember, Place 3 Kelly Turner Councilmember, Place 4 Jerry Miller Councilmember, Place 5 titaff present: Bob Hart City Manager Kathy Turner City Secretary Rachel Roberts James Cowey Planner Director of Development Services Sakura Moten- Dedrick Director of Finance Amy Owens Director of Utility Billing Amber Wroblski Utility Billing Clerk Jennifer Bozorgnia Court Administrator Tommy Williams Chief of Police Larry Ledbetter Director of Public Works Larry Hoover Street Superintendent III. WORK SESSION Prior to the start of the joint work session with Planning and Zoning Commissioners, Roy Boenig, 1020 Kennedale Sublett Road, Kennedale, TX addressed council with concerns regarding the design of Sublett Road. Mr. Boenig indicated that he did not sense anyone against the expansion of the roadway, it was the design of the median due to the inconvenience it will place on the residents living along the roadway. Boenig commented on the 25' radius requirement needed for emergency vehicle access, 12' drive entrances on 20 parcels, safety of 16' width roadway for ',ublett, median crossway, landscape and maintenance of medians, costs to restructure medians to roadway 10 to 15 years out, and notification of road widening and communicating to the public in regards to road improvements. �. Joint work session with the Planning and Zoning Commission. The City Council met in a joint work session with Planning and Zoning Commissioners Ernest Harvey, Frank Fernandez, Lori Bryan, Ray Cowan, Billy Simpson, and Charles Overstreet. The purpose of the work session was to discuss draft recommendations for 3479 revisions to several sections of the city code, which included revisions to the commercial and industrial zoning districts, establishment of guest house regulations, revisions to the outside storage regulations, and revisions to the oil and gas ordinance. It was noted that oil and gas revisions would be provided to the Board of Adjustment for their comments, and once received, required public hearings would be held to amend ordinance and then sent to Council for consideration. Also, it was suggested that Council attend P &Z meetings on an informal basis and provide feedback to Commissioners to ensure each group reflects the same goals. Due to time constraints, another work session will be scheduled at a later date to continue discussions and recommendations on proposed revisions to the city codes. li. Discuss Independent Audit Report for year ended September 30, 2009. Greg Shropshire, Auditor with Patillo, Brown & Hill addressed the Independent Audit Report for year ended September 30, 2009. Mr. Shropshire indicated that there was a reasonable basis for rendering an unqualified opinion in which is the highest level of assurance one can get, which reflects that the City's financial statements for the fiscal year ended September 30, 2009, are fairly presented and are in conformity with GAAP. Discuss and review any item on the agenda, if needed. With no further discussion, Mayor Lankhorst recessed the work session to enter into executive session at 6:45 p.m. IV. REGULAR SESSION Mayor Lankhorst called the regular session to order at 7:05 p.m. V. INVOCATION Bob Hart, City Manager gave the invocation. VI. IIS PLEDGE OF ALLEGIANCE \1ayor 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. PRESENTATION C \. Presentation of Proclamation proclaiming March 2010 as March for Meals Awareness Month. 3480 Mayor Lankhorst presented a proclamation to Barbara Lundgren proclaiming March 2010 as March for Meals Awareness Month. Ii. Presentation by committee members representing Art in the Park. Felipe Gutierrez, Event Chair with Art in the Park introduced committee members and provided an update on activities scheduled for the upcoming Art in the Park Festival to be held April 16 — 18' Receive report from the Kennedale Youth Advisory Council (YAC). No report was received from the Kennedale Youth Advisory Council. I ). Receive report from the Kennedale Youth Association. Alisha Woodson representing the Kennedale Youth Association indicated that KYA applied for a $50,000.00 grant through the Pepsi Refresh Everything Program. Woodson commented that if the grant was awarded to KYA, the monies would be used to improve the baseball field's facilities including the restrooms, storage unit, parking lot, concession stand, as well as provide new sporting equipment, concession equipment, and to offer scholarships for Kennedale youth sports programs. In closing, she said that the grant would be awarded to the top 10 ideas through popular vote on Pepsi's website, and encouraged everyone to vote April I" to April 30 °i . IX. \'ISITOR/CITIZENS FORUM Linda Miller, 411 Kevin Miller Road, Kennedale, TX expressed her appreciation towards the design of the widening of Kennedale Sublett Road. Pat Doescher, Chair of the Kennedale Chamber of Commerce thanked Council for participating in the Texas Independence Parade and indicated that planning activities were already underway for next year's parade scheduled for March 5 Mrs. Doescher then announced the Networking Luncheon scheduled for March 17 ° i from 11:30 a.m. to l p.m. at Life Fellowship Church, and .aid that the guest speaker would be Sarah Zink with Results Oriented Marketing. \ext, Chamber Executive Director, Mark Allen addressed Wake up North Texas, a networking opportunity consisting of various Chambers across North Texas. Mr. Allen said the next morning hreakfast would be held on March 24' at 7 a.m. at Los Vaqueros Banquet Hall located at 4971 I.ast Interstate 20 Service Road North, and encouraged anyone interested to participate. Jim Haddock, 1407 Wren Ct., Kennedale, TX addressed Council in regards to PZ Case 10 -01. Mr. Haddock implied that the Bowerman property backed up to his property, which was on Council's agenda for a zone change, and spoke of concerns with fire hydrant maintenance in the �irea, removal of trees, and upkeep of acreage. Jennifer Ramey, 601 Pennsylvania Ave., Kennedale, TX announced the Kennedale Super Star Public Talent Show, and invited everyone to come out for the preliminary tryouts scheduled for \pril 2" from 6:30 PM to 9:30 PM at Angela's Mexican Food Restaurant. Bill Massey, 313 S. Dick Price Rd., Kennedale, TX addressed council with concerns of the posted peed limit, truck traffic, and re- alignment of Dick Price Road. 3481 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. V Mayor — No reports /announcements. li. City Council Councilmember Johnson recognized his Tarrant County College Government Class who was in attendance, and congratulated Bob Hart, City Manager for his appointment to the Interring Suburbs Committee of the National League of Cities. City Manager Bob Hart, City Manager indicated that work was proceeding on the Kennedale TownCenter Project, in which bids would be awarded during the EDC April 13 meeting. Also, announced that the first draft of the proposed 9/11 Memorial had been received, and would be included as part of the TownCenter Project. X1. Councilmember Turner added that the 9/11 Memorial would represent all the organizations that lost people, as well as the citizens that were affected by the incident, and would be the first memorial of its kind. CONSENT AGENDA \II matters listed under consent agenda have been previously discussed, require little or no deliberation, or are considered to be routine by the council. If discussion is desired, then an item ill be removed from the consent agenda and considered separately. �. Approval of regular meeting minutes dated February 11, 2010. 13. Approval of budget amendment for fiscal year 2008 -2009. Approval of Independent Audit Report for year ended September 30, 2009. I ). Approval to purchase fuel through the City of Fort Worth Cooperative Purchasing Agreement. Approval of Resolution No. 318, adopting City of Kennedale Grant Submission and Acceptance Policy. Approval of Resolution No. 319, authorizing the City Manager and the Municipal Court to make application and receive grant funds from the Criminal Justice Division (CJD) of the Governor's Office for a City Marshall position. Mayor Pro -Tem Clark moved to approve the consent agenda as submitted, second by Councilmember Miller. Motion carried unanimously (5 -0). 3482 XIL REGULAR ITEMS tilayor Lankhorst moved Item J to the beginning of regular items to accommodate the citizens in .ittcndance. I. Review and consider action on Tarrant County Road Bond Projects design — Sublett Rd., Little School Rd., and Bowman Springs Rd. Staff Presentation Bob Hart, City Manager provided a recap of the Tarrant County Road Projects, which addressed the road projects timeline, County participation parameters, 2007 project review and actions, community issues, and roadway design studies /examples. Hart concluded that the design of the roadways was recommended to provide dramatic design change for Kennedale, help induce investment in the community, and hold or increase property values. Public Comments Mayor Lankhorst opened the meeting to public comments at 8:08 p.m. Cheryl Abbott, 330 Little School Road, TX registered in opposition to the road design. Concerns related to drainage, safety of medians, inconvenience of no cross cut due to median, costs involved to maintain median, additional right -of -way purchase of her property, and overhead utilities. In closing, Ms. Abbott indicated she was in favor of the road widening, but was against the median and recommended a continuous turn lane. Frank Acree, 5510 Sublett Road, Kennedale, TX registered in opposition to the road design. Mr. Acree indicated that a meeting was held on the 21 of February 2010 among homeowners to discuss the expansion of the roadway and median installation. Mr. Acree then presented a Petition protesting the design of Kennedale Sublett and Little School Road, in which property owners who signed the petition felt that the medians would pose a safety hazard, as well as a huge inconvenience. Next, he addressed six issues relating to the specific design of the median, which included cross cuts at drive entrances, potential of accidents due to u- turns, back up of traffic due to ►nail delivery as well as trash pickup, turn radius, and maintenance and costs of medians. In closing, Mr. Acree indicated that the property owners recommended a continuous left turn lane for Kennedale Sublett and Little School Road with a bike path on one side of the roadway, and a sidewalk on the other. Mr. Acree asked Council to reconsider the design with a continuous turn lane and consider the costs savings up front, and safety of the medians. Dempsey Farmer, 1150 E. Kennedale Sublett Road, Kennedale, TX registered in opposition to the road design. Mr. Farmer spoke briefly on the positive actions of the road design, which included a sidewalk, sewer system, and new roadway. However, lie could not understand the economic sense of spending Four Million Dollars on a 3483 two lane road, only to end up with a two lane road. He suggested a four -lane roadway that keeps traffic moving and requested outside right -of -way landscaping along the sidewalks. He then commented on the size of the proposed round -a- bouts, in which he felt were small in size and dangerous, and questioned if pickups towing boats and /or utility trailers could make a u -turn in the cross cuts, as well as RV's, UPS, and FedEx. Next, Mr. Farmer indicated that Little School Road and Sublett Road were the next two access points for commercial /industrial traffic through Kennedale, and did not want the unusual road construction with medians /round -a -bouts to be an impediment. In closing, Mr. Farmer asked Council to take a step back and listen to all comments prior to making a mistake with the road designs, which could costs more than Four Million to correct. Tom Boone, 908 Little School Road, Kennedale, TX indicated to Council that the roads must be built, and stressed that Little School Road must intersect with Kennedale Parkway. He said he had concerns, but did not want his concerns to prevent the progress of the roadways, and would leave the decision to Council. Doug Cantu, 322 Little School Road, Kenncdale, TX registered in opposition to the road designs. Mr. Cantu agreed that the roads needed to be built, but did need tweaking. He expressed concerns with safety of the medians, u -turn inconvenience, and dollars to upkeep the medians. Kelli Rod, 945 Little School Road, Kennedale, TX registered in opposition to the road designs. Mrs. Rod questioned Council to re -think they way traffic is pushed through the City, and requested Kennedale Parkway be designated as the major thoroughfare for the city. She then addressed the inconvenience of the medians, retaining the speed limit at 30 MPH to control traffic behavior, as well as suggesting the elimination of the round -a -bout at Mansfield Cardinal Road. Mrs. Rod went on to say that the City could keep the neighborhood feel by making green space on the outer edges of the roadways, which would be less costly as citizens could help maintain. She requested Council to reconsider the design. Mark Daniel, 1152 E. Kennedale Sublett Road, Kennedale, TX indicated to Council that he understood something needed to be done in regards to the roads. However, he expressed concerns with the medians, emergency vehicle access, and removal of trees. Tammy Patterson, 400 Little School Road, Kennedale, TX registered in opposition to the road design. Mrs. Patterson voiced concerns with the additional taking of land for the road project and wanted to see an alternative way to reduce the road width. She indicated that she has yet to see a good plan, and requested Council look at the long term of the project. In addition, the following persons registered in opposition to the road design but did not address Council: Trevor and Casey Barnett, 1212 Kennedale Sublett Road, Kennedale, TX. 3484 With no further comments, Mayor Lankhorst closed the public hearing at 9:21 p.m. 3. Staff Response and Summary Greg Saunders, City Engineer with Teague, Nall and Perkins indicated that medians are an inconvenience to people who are used to having direct access to their property. He said the purpose of a median is to limit access and increase mobility. Medians do separate conflicting traffic, and with no median the need for a four -lane roadway was immediate. Furthermore, Mr. Saunders said additional right -of -way was dedicated for the road widening of Little School Road. Next, Mayor Pro -Tem Clark indicated that Council would be obtaining the same amount of right -of -way for the two -lane /median road as the four -lane road. He implied that there would be no money savings by installation of medians as only a certain amount of money was granted for the project. Mayor Pro -Tem Clark explained that the funding obtained would only build one four -lane road and questioned which road was to be built. 4. Action, if necessary — No action was taken on this item. Mayor Lankhorst recessed the meeting at 9:30 p.m. for a short break. Mayor Lankhorst reconvened into open session at 9:40 p.m. i. Public hearing, review, and consider action to approve Ordinance No. 450, Case 4PZ 10- 01, re- zoning request from "R -3 " Single Family to that of "AG" Agriculture , as requested by Bill Bowerman and Bowerman Oil and Gas. Property consist of approximately 45.02 acres and is more particularly described as Swiney Subdivision, Lot 4 Less SW Corner, Swiney Subdivision, Lot W Pt 5; Swiney Subdivision, Lot 6A; James R. Hawkins Survey, A -792, Tr 1 B; and Ben Jopling Survey, A -866, Tr 3B. The physical addresses are 1257, 1301, and 1409 Swiney Hiett Rd., an un- addressed parcel on Coker Valley Dr., and an un- addressed parcel on N. Joplin Rd. Staff Presentation Rachel Roberts, Planner addressed Case 9PZ 10 -01 indicating that the property requested for rezoning consisted of approximately 45.02 acres, which is currently zoned "R -3 " Single Family Residential. She said that there are five (5) parcels included in the rezone request with each being a minimum of one acre, which is the minimum lot size for agriculture zoning. Ms. Roberts said that the applicant plans on grazing 4 to 5 head of cattle with the possibility of building a house in the future. Next, Ms. Roberts implied that the rezoning does not impose any conflicts with the Comprehensive band Use Plan, Thoroughfare Plan, or Future Land Use Plan, and that the Planning and Zoning Commission voted unanimously to recommend approval of the rezoning. 3485 Councilmember Johnson inquired about the dead end street within the Steeplechase Subdivision and expressed concerns with the one entrance /exit to the subdivision. Ms. Roberts replied that the applicant had no intention of developing the remaining portion of the subdivision, which would make the street a non - conforming street. Mayor Pro -Tem Clark questioned if the re- zoning would impact the tax valuation of the property. Bob Hart, City Manager indicated that once an AG Exemption is granted, it would impact the valuation of the property. 2 Applicant Presentation of Case Bill Bowerman, 3603 Parker Trail, Dalworthington Gardens, TX 76016 (Applicant) indicated that he wanted to raise a few cattle on the property. He said currently there is a drill site on the property, which basically prohibits the development of the property. The property is currently being cleaned and preparation is underway to plant Bermuda, which will make the property a gorgeous piece of property. Also, Mr. Bowerman indicated that once wells were drilled, the tax base would increase significantly. 3 Public Hearing Mayor Lankhorst opened the public hearing at 10:02 p.m. Hollis Matthews, 1252 Elmbrook Drive, Kennedale, TX registered in opposition to Case #PZ 10 -01. Mr. Matthews indicated that it takes an exception to drill the well, and before the exception could be granted, asphalt covered or cement in nature roadway must be ran to the pad site to allow access for emergency vehicles. He said that he asked the Planning and Zoning Commission to table this issue for study allowing adequate time to look at all the issues related to the water, air, surface, and geophysical impacts. Also, Mr. Matthews provided a manual for review titled "Promoting Best Practices in Oil and Gas Industry." He said several pages are marked for reference and suggested Council review. In closing, Mr. Matthews requested that the rezoning application be tabled to check the tax impact and review all ramifications, prior to moving forward. Andra Lozzi, 1263 Wendy Court, Kennedale, TX registered against Case #PZ 10 -01. Ms. Lozzi expressed concerns with the notification process of the public hearing, floodplain issues relating to the Key Branch, and tax reduction from AG zoning. Ms. Lozzi recommended that agriculture zoning be implied 300 to 600 feet within the well site, and the remaining property remain "R -3" Single Family zoning. John Hivale, 418 Coker Valley Drive, Kennedale, TX registered against Case #PZ 10 -01. Mr. Hivale addressed concerns related to the gas pipeline, fracking process, and conversion of the property to agriculture, in which he does not support. Jim Haddock, 1407 Wren Court, Kennedale, TX registered against Case #PZ 10 -01. Mr. Haddock spoke of concerns with one entrance and exit to the subdivision and 3486 stated the zone change would only benefit applicant, which is reason enough to reject the requested zone change. Cheryl Abbott, 330 Little School Road, Kennedale, TX registered against Case #PZ, 10 -01. Ms. Abbott expressed her concern with the one entrance and exit to the subdivision, and said that the applicant, Mr. Bowerman was the original developer of the Steeplechase Subdivision, and now is the property owner, and should not be considered an uninterested party to the property. With no further comments, Mayor Lankhorst closed the public hearing at 10:31 p.m. 4. Staff Response and Summary of Case — No staff response and summary was provided. 5. Applicant Response Mr. Bowerman indicated that he would be willing to give an easement for the extension of Coker Valley Drive if the City could extend the roadway without going through the middle of the property. 6. Action on Ordinance No. 450 Councilmember Miller moved to approve Ordinance No. 450, Case PZ 10 -01, re- zoning to "AG" Agriculture, second by Councilmember Turner. Councilmember's Miller, Turner, Clark, and Green voted aye, while Councilmember Johnson voted nay. Motion carried (4 -1 -0). I I. Public hearing to receive public input regarding a proposed Ordinance No. 447 of the City of Kennedale, Texas amending Chapter 23 of the Kcnncdale 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. Staff Presentation Bob Hart, City Manager disclosed that under the provisions of the Clean Water Act, the State and Federal Governments are now requiring cities with a population under 10,000 residents and within urbanized areas to come into compliance with some of the provisions of the Act dealing with stormwater regulations, in which Kennedale now meets those criteria. Mr. Hart implied that the City is in the middle of a five year phase in period and during that period, part of the plan includes adopting a series of ordinances and practices, which will include additional water quality testing. The City must demonstrate that we have an on -going way to pay for the city's share of the cost. The city would have three options available to pay for the services through either the tax rate, utility bills, or by the creation of a stormwater drainage utility fee. Mr. Hart indicated that the current budget recommended that this route be pursued due to the large number of creeks and contributories that are within the city limits, and drainage issues that are present. 3487 Next, Diane Palmer with Palmer Price, Inc. provided a PowerPoint Presentation detailing Stormwater Utility Implementation. Mrs. Palmer indicated that a stormwater utility is an enterprise fund used for stormwater activities, which functions very much like a water /sewer fund or refuge fund. It can provide funding for compliance with TCEQ requirements; allow you to address ongoing operations and maintenance expenses; and solve flooding and water quality problems. Mrs. Palmer said if the stormwater utility implementation is put in place, it would have to remain for five years, in which revenues could only be spent on stormwater activities. Inventories of lots and parcels must be completed and a fee would be based on a drainage related parameter, and be figured and reasonable among all the classes. 2. Public Hearing Mayor Lankhorst opened the public hearing at 11:00 p.m. Tonya Eddleman, 916 Shady Vale, Kennedale, TX registered for the public hearing, but was not present at the time called. Elmer Moseley, 1210 Vera Lane, Kennedale, TX indicated that he was opposed to any new tax, and he saw this as a tax. Mr. Moseley said he understood that the bill requires the City to come into compliance, but it does not require the city to impose a tax on the citizens, just to fund the project. He said there are ways to do this by imposing a tax on goods that are sold in Kennedale, or the city could take monies out of the gas and oil royalties they are receiving and imply to this. No further comments, Mayor Lankhorst closed the public hearing at 11:01 p.m. 3. Staff Response and Summary Bob Hart, City Manager indicated that this item would be brought back before Council at the April meeting for final consideration. 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. Staff Presentation Bob Hart, City Manager indicated that this is the enabling ordinance that would be accompanied by a fee. He said it is within the context of the ordinance that Council would need to decide whether exemptions would be granted for city, county, and state properties, as well as churches and schools. Also, Mr. Hart commented that there is a provision in the ordinance related to private organizations that have approved stormwater plans, which would allow them to receive a reduction in their fee. 3488 2. Public Hearing Mayor Lankhorst opened the public hearing at 11:04 p.m. Cheryl Abbott, 330 Little School Road, Kennedale, TX registered in opposition to the fee and expressed concerns with the addition of a four dollar surcharge. She indicated every city is cutting back on taxes, as well as fees being accessed. Ms. Abbot doesn't want to see another tax, as it is not a good time to increase additional charges to the citizens of Kennedale. Pat Doescher, 1404 Derby Dr., Kennedale, TX addressed Council on behalf of the Chamber, businesses, and as a resident requested Council to consider the economy when establishing a fee. She said to remember that people and businesses are struggling to get back on their feet with limited income, and to add more burden to them could cause more people to lose their home, lose their business, and leave Kennedale. In addition, the following persons registered in opposition to the fee: Terrie Beard, 936 Little School Rd., Kennedale, TX; Elmer Moseley, 1210 Vera Ln., Kennedale, TX, John Hivale, 418 Coker Valley Dr., Kennedale, TX; and Andra Lozzi, 1263 Wendy Ct., Kennedale, TX. No further comments, Mayor Lankhorst closed the public hearing at 11:07 p.m. 3. Staff Response and Summary Bob Hart, City Manager indicated that this item would be brought back before Council at the April meeting for final consideration. h. Public hearing, review, and consider action to approve Ordinance No. 451, amending Chapter 17, of the Kennedale City Code (1991), as amended, by revising regulations governing outside storage and screening, including loading docks. Staff Presentation Rachel Roberts, Planner indicated Council discussed this item during the work session, and that the City had been trying to clean its image and to make Kennedale a more attractive place to live and do business. The amendments proposed cover four topics, which are outside storage, outside display, screening, and loading docks. Ms. Roberts briefly addressed the recommend changes, and indicated that the Planning and Zoning Commission voted unanimously to recommend approval of the amendments. 3489 2. Public Hearing Mayor Lankhorst opened the public hearing at 11:14 p.m.. and with no persons registered so speak he closed the public hearing at l 1:15 p.m. 3. Staff Response and Summary It was noted that this item would be placed on the April agenda for consideration. Councilmember Miller moved to table the item until Council holds a workshop on code enforcement issues relating to Kennedale Parkway, second by Councilmember Green. Motion carried unanimously (5 -0). Review and consider action to approve IESI residential and commercial garbage rate increase for 2010, and provide for a pass- through of rates. Councilmember Green moved to approve IESI residential rate increase to $8.60, and commercial rate increase to $19.15, and to pass- through the rates. Councilmember Turner moved to second the motion. COUnc111nember's Green, Turner, Miller and Clark voted aye, while Councilmember Johnson voted nay. Motion carried (4 -1 -0). M. Review and consider action to authorize the City Manager to execute a License Agreement with Barnett Gathering, L.P. Gathering, L.P. Councilmember Johnson moved to defer action on this item until the April 2010 meeting, second by Councilmember Green. Motion carried unanimously (5 -0). There being no further business, Mayor Lankhorst recessed the meeting to enter into executive session at 11:20 p.m. XIII. EXECUTIVE SESSION \. 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. 13. 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 LJ I 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. 3490 City Manager 1). 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. 3. 1000 E. Kennedale Parkway, Kennedale, Texas 4. 5500 Kennedale Parkway, Kennedale, Texas 5. 3830 Kennedale New Hope Road, Kennedale, Texas XIV. RECONVENE INTO OPEN SESSION, AND TAKE ACTION NECESSARY PURSUANT TO EXECUTIVE SESSION, IF NEEDED. Mayor Lankhorst reconvened into open session at 12:40 a.m. V Approval of Resolution No. 320, authorizing legal counsel to proceed with condemnation of a 0.104 of an acre tract of land situated within the W.E. Haltom Survey, Abstract 1791, and recorded in Instrument No. D206297201, Deed Records of Tarrant County, Texas; and a 0.192 of an acre tract of land situated within the W. E. Haltom Survey, Abstract 1791, and recorded in Instrument No. D206301482, Deed Records of Tarrant County, Texas, for a public roadway. 1 Mayor Pro -Tem Clark moved to approve Resolution No. 320, authorizing legal counsel to proceed with condemnation procedures for the above properties, second by Councilmember Turner. Motion carried unanimously (5 -0). XV. .ADJOURNMENT There being no further business to consider, Mayor Lankhorst asked for a motion to adjourn the meeting. Councilmember Green so moved and Councilmember Turner seconded the motion. Meeting adjourned at 12:42 a.m. APPROVED: y � Mayor, Bryan Lankhorst ATTEST: Kathy Turner, City Secretary