07.08.2010 CC Minutes 3523
MINUTES
KENNEDALE CITY COUNCIL
REGULAR MEETING — JULY 8, 2010
405 MUNICIPAL DR. — KENNEDALE MUNICIPAL BLDG.
COUNCIL CHAMBERS
CALL TO ORDER
Mayor Lankhorst called the meeting to order at 5:32 p.m.
II. ROLL CALL
Kathy Turner, City Secretary called roll with the following persons present:
Council: Bryan Lankhorst Mayor
John Clark Mayor Pro -Tem, Place 1
Liz Carrington Councilmember, Place 2
Brian Johnson Councilmember, Place 3
Kelly Turner Councilmember, Place 4
Jerry Miller Councilmember, Place 5
Staff: Bob Hart City Manager
Wayne K. Olson Legal Counsel
Kathy Turner City Secretary
Kelly Cooper Human Resources Director
Rachel Roberts Planner
Sakura Moten - Dedrick Director of Finance
Tommy Williams Chief of Police
Mike McMurray Fire Chief
James Cowey Dir. Development Services
III. WORK SESSION
A. Review and discuss Fiscal Year 2010 -2011 budget process.
Bob Hart, City Manager briefly spoke on the fiscal year 2010 -2011 budget process, and
indicated that appraisal values were down approximately one percent, and sales tax was
down. He said preliminary reviews reflect that the reserve fund should be at 23 percent by
year's end and that ongoing expenses for the general fund will exceed revenues based on
the first set of numbers.
Furthermore, Mr. Hart mentioned issues that Council will need to contend with include the
maintenance of the fire truck and ambulance, debt issuance for street construction, update
of the land use plan, mixture of Fort Worth water with well water and the treatment of such,
additional water storage capacity, and health insurance premiums.
B. Discuss street naming of Bowman Springs Road.
Bob Hart, City Manager spoke on clarification of issues concerning the renaming of
Bowman Springs Road. Mr. Hart provided a detailed drawing reflecting the route of
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Bowman Springs Road and indicated that the current name of Bowman Springs is
consistent with naming criteria. He said road names should follow normal routing patterns,
and should not be similar such that it causes confusion in the event of an emergency call or
response.
Also, if a roadway does not directly connect, it should maintain a logical flow from the
ending point to the new beginning point, and if a road name changes along the same road, it
should occur only at major street crossings.
In addition, Mr. Hart explained that potential confusion exists with the merger of Bowman
Springs Road and Dick Price Road as the name change will occur on a curve and not a
sharp left or right turn nor at a major intersection. Further, Dick Price Road is disconnected
and may be confusing to drivers exiting I -20 by having to drive past Dick Price Road and
turn on Bowman Springs Road in order to arrive at a Dick Price address. He said
consideration should be given to naming the Bowman Springs Road segment from
Kennedale Parkway to the curve merging into Dick Price Road, which is consistent with
the street naming guidelines.
In summary, Mr. Hart said that the recent name change of a segment of Bowman Springs
Road from the new alignment to 4 Street to Corry A. Edwards Drive is consistent with the
street naming guidelines. However, in review of the entire layout, some name change
modifications to the remainder is necessary to maintain clarity for drivers and emergency
responders.
C. Discuss expansion of Bowman Springs Road (water lines, bridge, and connections).
Bob Hart, City Manager reported that the City of Arlington is scheduled to move ahead
with improvements to Bowman Springs Road and that Kennedale needed to provide
instructions on the intent of moving a Kennedale water line that is currently located within
the right -of -way. He indicated the best solution would be to include the
removal /replacement in the Arlington project and fund the cost at a later date.
D. Interview board applicants.
E. Discuss and review any item on the agenda, if needed.
There being no further discussion, Mayor Lankhorst closed the work session at 6:46 p.m.
*NOTE: Pursuant to Chapter 551, Texas Government Code, the City Council reserves the right to adjourn into
Executive Session at any time during the work session or the regular session to discuss posted executive session
items or to seek legal advice from the City Attorney on any item posted on the agenda.
IV. REGULAR SESSION
Mayor Lankhorst called the regular session to order at 7:12 p.m.
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V. INVOCATION
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L Brad Pauley, Youth Member with Liberty Church provided the Invocation.
VI. US PLEDGE OF ALLEGIANCE
Brad Pauley, Youth Member with Liberty Church 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."
Brad Pauley, Youth Member with Liberty Church led the Texas Pledge of Allegiance.
VIII. VISITOR/CITIZENS FORUM
Pat Doescher, Chairman of the Kennedale Chamber of Commerce announced the next Business
after Hours to be held on July 13, 2010 from 5:30 p.m. to 7:00 p.m., which will be hosted by
Hampton Inn & Suites located in Mansfield, Texas, and the next Networking Luncheon
scheduled for July 21, 2010 at 11:30 a.m. at the Life Fellowship Church, in which State Senator
Wendy David and State Representative Chris Turner would be the speakers.
IX. REPORTS /ANNOUNCEMENTS
L 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 — Announced abatement of house located at intersection of Kennedale Sublett Road
and Little School Road.
B. City Council — No reports and/or announcements.
C. City Manager — No reports and/or announcements.
X. REGULAR ITEMS
A. Review and consider action to approve regular meeting minutes dated June 10, 2010.
Mayor Pro -Tem Clark moved to approve regular meeting minutes dated June 10, 2010 as
amended, second by Councilmember Miller. Mayor Pro -Tem Clark, and Councilmember's
Miller, Carrington, and Turner voted aye, while Councilmember Johnson abstained.
Motion carried (4 -0 -1).
B. Review and consider action to authorize the Mayor to execute Interlocal Agreement with
the City of Fort Worth for Wholesale Water.
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L Mayor Pro -Tem Clark moved to authorize Mayor Lankhorst to execute an Interlocal
Agreement with the City of Fort Worth for Wholesale Water, second by Councilmember
Turner. Motion carried (5 -0).
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C. Public hearing, review, and consider action to approve Case #PZ 10 -05, re -plat and final
plat of approximately 45.696 acres located at 1257, 1301, and 1409 Swiney Hiett Road, an
unaddressed property on N Joplin Road, and an unaddressed property on Coker Valley
Drive, as requested by Bowerman Oil and Gas. The legal descriptions are Ben Jopling
Survey, A -866, Tract 3B; James R. Hawkins Survey, A -792, Tract 1B, and Swiney
Subdivision, Lot 6A, Lot 41ess SW corner, and W Pt 5, City of Kennedale, Tarrant County,
Texas.
1. Staff Presentation
Rachel Roberts, Planner addressed Case #PZ 10 -05, final plat of Lot 1, Block A,
Bowerman Addition. She indicated staff reviewed the plat in terms of compliance with
the comprehensive land use plan, future land use plan, and thoroughfare plan and did
not find a conflict.
Next, she commented that the Planning and Zoning Commission held a public hearing
on the case during its meeting on June 17, 2010 and recommended approval with the
following conditions: owners of record for neighboring property should be noted,
zoning for subject property and for neighboring properties should be noted, drainage
easement along floodplain should be depicted, as was done for the nearby and adjacent
Falcon Wood and Steeplechase subdivisions; right -of -way dedications should be
shown, and existing property lines should be shown.
2. Public Hearing
Mayor Lankhorst opened the public hearing for public comments at 7:30 p.m.
Christy Lough of 7301 Briarwyck Ct., Fort Worth, TX 76136 representing Bill
Bowerman, Bowerman Oil and Gas registered in favor of Case #PZ 10 -05, and
indicated that a letter was presented before hand to Council expressing Mr.
Bowerman's intent to submit a re -plat before the Planning and Zoning Commission
next month to dedicate required right -of -way coming off of Glenbrook Drive to Joplin
Road to create a secondary access to the Steeplechase Addition, and request a rezoning
of the non - conforming lot that will be created due to dedication of right -of -way.
Margie Lowery of 301 W. Broadway St., Kennedale, TX 76060 did not wish to speak,
but registered against Case #PZ 10 -05.
No further comments, Mayor Lankhorst closed the public hearing at 7:32 p.m.
3. Staff Response and Summary
Rachel Roberts, Planner reminded Council that if all requirements were met for a plat,
City Council was obligated to approve the Final Plat for Lot 1, Block A, Bowerman
Addition.
4. Action on Case #PZ 10 -05
Mayor Pro -Tem Clark moved to approve Case #PZ 10 -05, final plat of Lot 1, Block A,
Bowerman Addition subject to the submission of a re -plat of the acreage, which is
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designated as containing a non - conforming lot and subject to the dedication of right -of-
way, both of which will be submitted with the rezoning to "R -3" for the non-
conforming lot, and the designation of right -of -way for roadway. second by
Councilmember Miller. Motion carried unanimously (5 -0).
D. Public hearing, review, and consider action on Case #PZ 10 -06, final plat of approximately
2.685 acres located at 1375 Gilman Road; 5890 E IH 20; 5894 E IH 20; 1377 Gilman
Road; Gilman Road # B; and five unaddressed properties on E IH 20, as requested by
Odaat 52 LLD. The legal description is David Strickland Survey, A -1376, Tracts 31F,
31F04, 31F04A, 31F04B, 31F06B, 31F06C, and 31F07, City of Kennedale, Tarrant
County, Texas.
1. Staff Presentation
Rachel Roberts, Planner addressed Case #PZ 10 -06, final plat for Lot 1, Block 1,
Odaat Addition. Ms. Roberts indicated the final plat is in compliance with the
comprehensive land use plan, future land use plan and thoroughfare plan and no
objections were found. She said a public hearing was held before the Planning and
Zoning Commission during its meeting on June 17, 2010 and the commission voted
to approve the plat with conditions. However, those conditions have been
corrected and staff recommends approval.
A discussion then followed with the current zoning of the property, Planned
Development with an underlying zoning of Industrial. It was noted that the
L boundary of the current zoning would remain with the property.
2. Public Hearing
Mayor Lankhorst opened the public hearing for public comment at 7:42 p.m.
Adlai Pennington of 1375 Gilman Road, Fort Worth, TX 76140 registered in favor
of Case #PZ 10 -06, but did not wish to address Council.
With there being no further comments, Mayor Lankhorst closed the public hearing
at 7:43 p.m.
3. Staff Response and Summary
Councilmember Turner questioned approval process for re -plat with split zoning.
Legal Counsel indicated issues raised were legitimate, however if there is no
prohibition in the subdivision ordinance or zoning ordinance against split zone lots,
then plat is permitted as submitted and council is required to approve it.
Councilmember Johnson asked applicant, Mr. Adlai Pennington what his intentions
f were to do with the property, and if he would be meaningful of rezoning the land.
Mr. Adlai Pennington, applicant and owner of the property requested plat be
approved as submitted.
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Next, Mr. Pennington said his intent was to consolidate the property under one
zoning classification and develop it in a use that would conform to "C -2" zoning
with no Industrial use. He said before he could do anything with the property, he
would have to come back to consolidate the zoning and put forth a proposal to
make all of the property "C -2 ", in which he is prepared to do so. However, zone
change was not necessary in order to proceed with plat.
Furthermore, Mr. Pennington indicated there was a plan for the property, which is
classified as a "C -2" use and is consistent with the City's vision for the 820/1 -20
corridor.
4. Action on Case #PZ 10 -06
Councilmember Johnson moved to approve Case #PZ 10 -06, final plat of Lot 1,
Block 1, Odaat Addition, second by Councilmember Carrington. Motion carried
unanimously (5 -0).
E. Review and consider action to approve Ordinance No. 457, adding a new Article VIII
creating an Arts and Culture Board.
Councilmember Carrington moved to approve Ordinance No. 457, adding a new Article
VIII creating an Arts and Culture Board, second by Councilmember Turner. Motion
carried unanimously (5 -0).
l . Review and consider action to appoint/re- appoint members to the Library Advisory Board.
Councilmember Johnson moved to re- appoint George H. Barrett to Place 2, Rebecca Clark
to Place 4, and Donald Rawe to Place 6, each to serve a two -year term expiring June 30,
2012. Motion seconded by Councilmember Miller. Councilmember's Johnson, Miller,
Turner, and Carrington voted aye, while Mayor Pro -Tem Clark abstained. Motion carried
unanimously (4 -0 -1).
G. Review and consider action to appoint/re- appoint members to the Planning and Zoning
Commission.
Councilmember Johnson moved to re- appoint Lori Bryan to serve on the Planning and
Zoning Commission for a two -year term expiring June 30, 2012, second by Mayor Pro -
Tem Clark. Motion carried unanimously (5 -0).
Councilmember Johnson moved to re- appoint Frank Fernandez to serve on the Planning
and Zoning Commission for a two -year term expiring June 30, 2012, second by
Councilmember Carrington. Motion carried unanimously (5 -0).
Councilmember Johnson moved to re- appoint Ernest Harvey, Vice -Chair to serve on the
Planning and Zoning Commission for a two -year term expiring June 30, 2012, second by
Councilmember Turner. Motion carried unanimously (5 -0).
Councilmember Johnson moved to re- appoint Charles Overstreet to serve on the Planning
and Zoning Commission for a two -year term expiring June 30, 2012, second by
Councilmember Turner. Motion carried unanimously (5 -0).
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Mayor Pro -Tem moved to appoint Thomas A. Pirtle, III as an Alternate and replacement
for Lana Sather to serve on the Planning and Zoning Commission for a two -year term
expiring June 30, 2012, second by Councilmember Carrington. Mayor Pro -Tem Clark,
Councilmember's Carrington, Johnson, and Miller voted aye, while Councilmember Turner
voted nay. Motion carried (4 -1).
H. Review and consider action to appoint/re- appoint members to the Board of Adjustment.
Councilmember Johnson moved to re- appoint Rick Adams to serve on the Board of
Adjustment for a two -year term expiring June 30, 2012, second by Councilmember Miller.
Motion carried unanimously (5 -0).
Councilmember Johnson moved to re- appoint Linda Elam to serve on the Board of
Adjustment for a two -year term expiring June 30, 2012, second by Councilmember Miller.
Motion carried unanimously (5 -0).
Councilmember Johnson moved to re- appoint Cheryl Abbott to serve on the Board of
Adjustment for a two -year term expiring June 30, 2012, second by Councilmember Miller.
Motion carried (5 -0).
Councilmember Johnson moved to re- appoint Richard West to serve as an Alternate on the
Board of Adjustment for a two -year term expiring June 30, 2012, second by
Councilmember Miller. Motion carried (5 -0).
Councilmember Johnson moved to re- appoint Jeremy Redding to serve as an Alternate on
the Board of Adjustment for a two -year term expiring June 30, 2012, second by
Councilmember Miller. Motion carried (5 -0).
I. Review and consider action to appoint/re- appoint members to the Building Board of
Appeals.
Mayor Pro -Tem Clark moved to appoint Elmer Moseley to Place 2; re- appoint Lin Eason to
Place 4; and appoint Lana Sather to Place 6; each to serve on the Building Board of
Appeals for a two -year term expiring June 30, 2012. Motion seconded by Councilmember
Turner, and motion carried unanimously (5 -0).
.I. Review and consider action to appoint/re- appoint members to the Parks and Recreation
Board.
Councilmember Carrington moved to re- appoint David Smith to Place 2 to serve on the
Parks and Recreation Board for a two -year term expiring June 30, 2012, second by
Councilmember Turner. Motion carried unanimously (5 -0).
Councilmember Turner moved to re- appoint Donna Gerron to Place 4 to serve on the Parks
and Recreation Board for a two -year term expiring June 30, 2012, second by
Councilmember Carrington. Motion carried unanimously (5 -0).
Councilmember Miller moved to appoint Larry Summers to Place 5 to serve on the Parks
and Recreation Board for a one -year term expiring June 30, 2011, second by
Councilmember Johnson. Motion carried unanimously (5 -0).
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Councilmember Johnson moved to appoint Parks and Recreation Board Alternates, Cruz
Pitre, Jr. to Place 6 for a two -year term expiring June 30, 2012 and David Gaither, Jr. to
Place for a one -year term expiring June 30, 2011. Motion seconded by Councilmember
Miller. Motion carried unanimously (5 -0).
K. Review and consider action to appoint/re- appoint members to the Keep Kennedale
Beautiful Commission.
Mayor Pro -Tem Clark moved to re- appoint Doug Parker to Place 2, and Michael Chandler
to Place 4, each to serve on the Keep Kennedale Beautiful Commission for a two -year term
expiring June 30, 2012, second by Councilmember Turner. Motion carried unanimously
(5 -0).
I.. Review and consider action to appoint members to the Arts and Culture Board.
Councilmember Carrington moved to appoint the following persons to serve on the Arts
and Culture Board: Felipe Gutierrez to Place 1; Lori Bryan to Place 3; Connie Alires to
Place 5; and Randy Bell to Place 7; each to serve a one -year term expiring June 30, 2011;
and to appoint Ernest Harvey to Place 2; Cruz Pitre, Jr. to Place 4; and Jennifer Ramey to
Place 6; each to serve a two -year term expiring June 30, 2012. Motion seconded by
Councilmember Johnson. Motion carried unanimously (5 -0).
Mayor Pro -Tem Clark moved to appoint Felipe Gutierrez as Board Chair to the Arts and
Culture Board, second by Councilmember Carrington. Motion carried unanimously (5 -0).
There being no further discussion, Mayor Lankhorst recessed the meeting at 8:12 p.m. to
enter into executive session.
XI. 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. Little School Road re- alignment properties
2. Jesse B. Renfro Survey, Abstract 1260, Tract 3 less HS
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. E.C. Cannon Survey, Abstract 378, Tracts 11-1 and 11-101
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XII. RECONVENE INTO OPEN SESSION, AND TAKE ACTION NECESSARY PURSUANT
TO EXECUTIVE SESSION, IF NEEDED.
Mayor Lankhorst reconvened into open session at 9:05 p.m.
A. Approval of Resolution authorizing the City Manager to negotiate purchase of right -of -way
for the widening of Little School Road, Kennedale Sublett Road, and Bowman Springs
Road.
Mayor Pro -Tem Clark moved to approve resolution authorizing the City Manager to
negotiate purchase of right -of -way and ratifying the purchased right -of -way for the
widening of Little School Road, Kennedale Sublett Road, and Bowman Springs Road.
Motion seconded by Councilmember Johnson. Motion carried unanimously (5 -0).
R. Approval to authorize the sale of property, including the partial waiver of taxes, identified
as E. C. Cannon Survey, Abstract 378, Tracts 1H and 1H01 to the Kennedale Economic
Development Corporation.
Mayor Pro -Tem Clark moved to authorize the sale of property including the partial waiver
of taxes identified as the E.C. Cannon Survey, Abstract 378, Tracts 1H and 1H01 to the
Kennedale Economic Development Corporation for the price of Two Hundred Fifty Eight
Thousand, Seven Hundred Dollars ($258,700.00). Motion seconded by Councilmember
Johnson. Motion carried unanimously (5 -0).
('. Approval of Resolution to authorize legal counsel to proceed with condemnation
procedures for a portion of an approximate 21.82 acres site identified in the Jesse B. Renfro
Survey, Abstract 1260, Tract 3 less HS for right -of -way expansion of Little School Road.
Mayor Pro -Tem Clark moved to approve Resolution authorizing legal counsel to proceed
with condemnation procedures for a portion of an approximate 21.82 acre site including the
condemnation to acquire 1.213 acres identified within the Jesse B. Renfro Survey, Abstract
1260, Tract 3 less HS for right -of -way expansion of Little School Road. Motion seconded
by Councilmember Johnson. Motion carried unanimously (5 -0).
XIII. ADJOURNMENT
There being no further business to consider, Mayor Lankhorst asked for a motion to adjourn the
meeting. Councilmember Johnson so moved and Councilmember Miller seconded the motion.
Meeting adjourned at 9:06 p.m.
AP'ROVED: / -
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Mays , Bryan Lankhorst
ATTEST:
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Kathy Turn: ; City Secretary