05.13.2010 CC Minutes 3503
MINUTES
KENNEDALE CITY COUNCIL
REGULAR MEETING — MAY 13, 2010
405 MUNICIPAL DR. — KENNEDALE MUNICIPAL BLDG.
COUNCIL CHAMBERS
CALL TO ORDER
Mayor Lankhorst called the meeting to order at 5:30 p.m.
II. ROLL CALL
Kathy Turner, City Secretary called roll with the following persons present:
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
ti taff present: Bob Hart City Manager
Wayne K. Olson Legal Counsel
Kathy Turner City Secretary
Rachel Roberts Planner
Sakura Moten - Dedrick Director of Finance
Tommy Williams Chief of Police
Larry Ledbetter Director of Public Works
III. WORK SESSION
A. UTA Capstone Report on Oak Crest Redevelopment.
An Economic Redevelopment Options Study for the Oak Crest area was presented by Mike
Foreman, Christopher Bobbitt, and Jean Petr.
Mr. Foreman addressed the purpose of the study, in which potential redevelopment options
for the area to recover lost sales tax and increase property values were highlighted.
Next, Christopher Bobbitt provided the Analysis Economic Development Options, which
covered Tax Increment Finance District (TIP), Public Improvement District (PID),
Municipal Management District (MMD), and Municipal Utility District (MUD). Other
analysis options spoke of included 380 Agreements, Brownfield Grants, and Land Banking.
Last, Jean Petr spoke on Land Banking, which allows single control of an adequately sized
area. Ms. Petr said limitations for this option include lack of funding, grant obligations,
and environmental and tax liens. Recommendations were provided to include the creation
of a long -term vision, and the use of an incremental step economic development approach,
3504
as well as the creation of an L- shaped commercial corridor along I -20 and Kennedale
Parkway for the Oak Crest area.
It was also recommended to use 380 agreements to bring development to the commercial
corridor, explore the use of Brownfield grants if area was expanded to include salvage
yards, the consideration of a PID along I -20 and Kennedale Parkway, and to optimize
collaboration with other governmental entities.
B. Chesapeake Report on drilling activities.
Julie Wilson, Vice President of Urban Development with Chesapeake Energy Corporation
provided a PowerPoint presentation in regards to all stages of oil and gas well drilling.
C. Discuss and review any item on the agenda, if needed.
There being no further discussion, Mayor Lankhorst adjourned the work session at 6:55
p.m.
IV. REGULAR SESSION
Mayor Lankhorst called the regular session to order at 7:05 p.m.
V. INVOCATION
Jason gave the invocation.
VI. US PLEDGE OF ALLEGIANCE
Jason led the U.S. 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."
Jason led the Texas Pledge of Allegiance.
VIII. PRESENTATION(S)
A. Mayor Lankhorst will present a proclamation to the Public Works Department declaring
May 16 -22, 2010 as National Public Works Week.
Mayor Lankhorst presented a proclamation to Larry Ledbetter, Director of Public Works in
recognition of National Public Works Week, May 16 -22, 2010.
B. Nathan Deegan, YAC Chairman will summarize Kennedale Youth Advisory Council
activities.
Nathan Deegan, YAC Chairman introduced outgoing seniors and incoming new members,
prior to giving a summary of YAC activities.
3505
Next, Tia Angadicherel, Historian presented a slide show and scrap book to the City
Council.
IX. VISITOR/CITIZENS FORUM
Pat Doescher, Chairman with the Kennedale Chamber of Commerce provided the following
announcements /updates:
I. Annual Awards Luncheon scheduled for Wednesday, May 19 at 11:30 a.m. at Life
Fellowship Church; and
2. Kennedale Chamber of Commerce Map undertaking with KISD in which business ad spots
will be sold; and
3. Tourism Meeting with Mansfield, Arlington, and Kennedale.
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
Mayor Lankhorst announced that a special meeting is scheduled for Monday, May 17 at
5:30 p.m. to canvass election results and a city wide garage sale and clean -up is scheduled
for Saturday, May 22, 2010 at 1000 E. Kennedale Parkway.
B. City Council
Councilmember Green announced that it had been a pleasure working with fellow
Councilmember's over the years, and
C. City Manager
Bob Hart, City Manager announced that the Kennedale Fire Department would be hosting
training at 1000 E. Kennedale Parkway on Saturday, May 15 the Kennedale Municipal
Court would be hosting a regional training seminar on May 18 and that the Kennedale
Police Department has applied to receive state accreditation.
XI. CONSENT AGENDA
All 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
will be removed from the consent agenda and considered separately.
Mayor Pro -Tem Clark requested item #E be removed from consent agenda.
A. Approval of regular meeting minutes dated April 8, 2010.
B. Approval of Resolution No. 325, authorizing participation in NLC Prescription Discount
Drug Card Program.
3506
C. Approval of Notice from the Public Utility Commission (PUC) of Texas for a Consumer
Price Index (CPI) Adjustment to municipal telecommunications right -of -way access line
rates.
D. Approval to authorize the City Manager to execute a contract with Tarrant County Tax
Assessor- Collector for the assessment/collection of Ad Valorem taxes for the 2010 Tax
Year.
Mayor Pro -Tem Clark moved to approve consent agenda items A -D, second by
Councilmember Turner. Motion carried unanimously (5 -0).
E. Approval to authorize the City Manager to execute a License Agreement with Carrizo Oil
and Gas Company.
Mayor Pro -Tem Clark moved to authorize the City Manager to execute a License
Agreement with Carrizo Oil and Gas Company, second by Councilmember Miller. Motion
carried unanimously (5 -0).
XII. REGULAR ITEMS
h. Review and consider action to schedule a special meeting for Monday, May 17, 2010 at
5:30 PM to canvass May 8, 2010 General Election.
Councilmember Turner moved to schedule a special meeting for Monday, May 17, 2010 at
5:30 PM to canvass May 8, 2010 General Election, second by Councilmember Miller.
Motion carried unanimously (5 -0).
G. Review and consider action to approve 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.
Mayor Pro -Tem Clark moved to approve 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
contingent upon the following amendments:
1) Definition section — add provision that a church shall be treated as a residential unit
or sufficient language to identify that they are treated in the same fashion as a
residential structure;
2) Amend Section 23.513 to provide for a new Section E, which would exempt
properties owned by the Kennedale ISD and remove all related KISD projects from
the city's Capital Improvements Projects contingent upon an Interlocal Agreement
with the KISD identifying that the school district would be responsible for its
appropriate portion of associated costs.
r
3507
Mayor Pro -Tem Clark indicated that his intention was to seek that the exemption is
L conditional provided that the school district will enter into an agreement to pay their fair
share of cost related to any school capital improvement projects. He wished to have the
exemption removed if the school failed to enter into an agreement.
Councilmember Green seconded the motion.
Discussion then ensued with legal counsel speaking of the difficulty of managing the
ordinance if the school rejected the interlocal agreement, as he felt it could be on a case by
case basis.
Diane Palmer recommended a separate class be established for churches with the same
residential rate structure.
No further discussion, Mayor Lankhorst asked for a final vote.
Mayor Pro -Tem Clark, Councilmember's Green, Johnson, and Turner voted aye, while
Councilmember Miller voted nay. Motion carried (4 -1 -0).
11. Review and consider action to approve 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.
iii Mayor Pro -Tem Clark moved to approve 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 contingent upon
the following amendments:
1. Implementation will take effect after June 1, 2010; and
2. Schedule of fees reflect a single ERU rate of $2.50 with the adjustments for
impervious area calculations as presented by the City Manager.
Motion seconded by Councilmember Green. Mayor Pro -Tem Clark, Councilmember's
Green, and Johnson voted aye, while Councilmember's Miller and Turner voted nay.
Motion carried (3 -2 -0).
I. Public hearing, review, and consider action to award bid for oil and gas development for
Tracts 1H & 1H01, E.C. Cannon Survey, Abstract 378, City of Kennedale, Tarrant County,
Texas.
1. Staff Presentation
Bob Hart, City Manager indicated that one bid was received from Griffith Land
1 Services at a price of Four Thousand Dollars an acre with a 25 percent royalty. Mr.
Hart recommended council award bid as submitted.
I
2. Public Hearing
I
1
3508
Mayor Lankhorst opened the public hearing at 8:36 p.m. With no persons registered
to speak, Mayor Lankhorst closed the public hearing at 8:37 p.m.
3. Action to award bid for oil and gas development.
Councilmember Miller moved to award bid to Griffith Land Services for oil and gas
development for Tracts 1H & 1H01, E.C. Cannon Survey, Abstract 378, and that
Twenty Thousand Dollar bonus be divided among 76 employees to provide a one-
time end of the year bonus.
It was noted that all oil and gas monies were dedicated to a particular fund.
Legal Counsel advised that the city could not give employees a bonus, as the money
is public funds. However, there are other ways to structure it by putting the money
aside and compensating employees for services rendered.
Motion failed due to no second.
Councilmember Johnson moved to award bid for oil and gas development for Tracts
1H and 1H01, E.C. Cannon Survey, Abstract 378, Kennedale, Tarrant County, Texas
to Griffith Land Services, second by Councilmember Miller. Motion carried
unanimously (5 -0).
J. Public hearing, review, and consider action to award bid for the sale of land identified as
Lots 19, 20, 21A & 21B, Block 1, Woodlea Acres Addition, Kennedale, Tarrant County,
Texas.
1. Staff Presentation
Bob Hart, City Manager indicated that this was a portion of the land that the city had
acquired for the extension of Bowman Springs Road. Based on prior discussion, we
actually placed the property up for bid and one bid was received from the Fallen
Heroes Memorial Foundation in the amount of $811,000.00. The purpose of
acquiring the property would be to build a memorial. A real estate contract for sale
has been prepared, in which they would have 18 months to make payment for the
property.
Recommended bid be awarded to the Fallen Heroes Memorial Foundation and
authorize the Mayor to execute a Real Estate Contract for Sale.
2. Public Hearing
Mayor Lankhorst opened the public hearing for public comments at 8:45 p.m., and
closed the public hearing at 8:46 p.m., after no persons registered to speak.
3. Action to award bid for sale of land.
Councilmember Turner moved to approve sale of Lots 19, 20, 21A & 21B, Block 1,
Woodlea Acres Addition, Kennedale, Tarrant County, Texas to the United States
Fallen Heroes Foundation representative Walter R. Coleman for the sum of
3509
$811,000.00, and to authorize the Mayor to sign Real Estate Contract for Sale.
Motion seconded by Councilmember Green, and motion carried unanimously with all
members voting in favor (5 -0).
K. Discuss and consider naming of Bowman Springs Rd.
Councilmember Green moved to re -name the current Bowman Springs Road to W. 3rd
Street as Corry A. Edwards Drive effective November 11, 2010, and to continue the name
of Bowman Springs Road from city limits to Dick Price Road. Motion seconded by
Councilmember Turner. Motion carried unanimously (5 -0).
L. Review and consider action to declare the U.S. Fallen Heroes Memorial as a City
Economic Development Project pursuant to Chapter 380, L.G.C.
Mayor Pro -Tem Clark moved to declare the U.S. Fallen Heroes Memorial as a City
Economic Development Project pursuant to Chapter 38, L.G.C., second by Councilmember
Green. Motion carried unanimously (5 -0).
M. Review and consider action to authorize the City Manager to execute an Interlocal
Agreement with Tarrant County to fund transportation project — Kennedale Sublett Road.
Councilmember Johnson moved to authorize the City Manager to execute an Interlocal
Agreement with Tarrant County to fund transportation project for Kennedale Sublett Road,
second by Councilmember Turner. Motion carried unanimously (5 -0).
N. Review and consider action to dedicate easements to utility companies within the
boundaries of the former Municipal Drive.
Mayor Pro -Tem Clark moved to dedicate required easements to utility companies within
the boundaries of the former Municipal Drive, second by Councilmember Miller. Motion
carried unanimously (5 -0).
0. Review and consider action to authorize the City Manager to execute an Interlocal
Agreement with Tarrant County to fund transportation project — Little School Road.
Mayor Pro -Tem Clark moved to authorize the City Manager to execute an Interlocal
Agreement with Tarrant County to fund transportation project for Little School Road,
second by Councilmember Turner. Motion carried unanimously (5 -0).
There being no further discussion, Mayor Lankhorst recessed the meeting at 9:33 p.m. to
enter into executive session.
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
L may conflict with the Open Meetings Act, including discussion on any item posted on the
agenda.
1. Noise ordinance
3510
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. Little School Road re- alignment properties
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.
1. Transfer of property located at 1000 E. Kennedale Parkway
2. Development of property located at 3830 New Hope Road
XIV. RECONVENE INTO OPEN SESSION, AND TAKE ACTION NECESSARY PURSUANT
TO EXECUTIVE SESSION, IF NEEDED.
Mayor Lankhorst reconvened into open session at 10:18 p.m., with no action taken on executive
session item.
XV. ADJOURNMENT
There 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 10:19 p.m.
APPROVED: a &LMkozr
Mayor, Bryan Lankhorst
ATTEST:
Kathy Turner, City Secretary