09.09.2010 CC Minutes3544
MINUTES
KENNEDALE CITY COUNCIL
REGULAR MEETING — SEPTEMBER 9, 2010
405 MUNICIPAL DR. — KENNEDALE MUNICIPAL BLDG.
COUNCIL CHAMBERS
II.
III.
CALL TO ORDER
Mavor Lankhorst called the Nyork session to order at 5:30 p.m.
ROLL CALL
Rachel Roberts, Planner called roll N ith the folloNving persons present/absent:
Council Present: Baran Lankhorst
Mavor
John Clark
Mavor Pro -Tem, Place 1
Liz Carrington
Councilmember, Place 2
Brian Johnson
Councilmember, Place 3
KelIv Turner
Councilmember, Place 4
Jerry Miller
Councilmember, Place 5
Staff Present: Bob Hart
City Manager
Jennv Gravlev
Legal Counsel
Rachel Roberts
Planner
Sakura Moten - Dedrick
Director of Finance
Amv Ovyens
Utility Billing Administrator
Tommv Williams
Chief of Police
Mike McMurray
Fire Chief
Larry Ledbetter
Director of Public Works
James CoNvev
Dir. Development Services
WORK SESSION
A. Strategic Plan & Project discussion.
Bob Hart, City Manager presented a copy of the Strategic Plan for the Chamber of
Commerce to the Council for review.
Next, he addressed Sublett Road project and indicated that the first step of the project
Nyould be to clear right- of -Nyav and relocate fences, folloNved by relocation of Nyater /sevyer
lines, installation of storm Nyater drainage, and reconstruction of roadNya -,T.
In addition, Mr. Hart advised that the City of Arlington has pushed back their schedule
for bidding road construction in regards to Bovman Springs until November 2011,
hovyever, the city needed to decide what steps Nyere going to be taken to relocate the
Nyater line and it Nyould require the city picking up an easement.
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Furthermore, Mr. Hart said the city Nvas Nvorking Nvith North Central Texas Council of
Governments and the Core of Engineers on finalizing the project management plan in
regards to Village Creek in which project is scheduled to begin in the spring of 2011.
Mr. Hart then spoke on the Sustainability Grant for landscaping and sidewalk installation
in front of the TownCenter and doN -,n New Hope Road to the railroad tracks and indicated
that the city Nvas approved for the grant; however, funding Nvould not be available until
October 2013. He said he presented his argument against the delay due to closure of
sexualIv oriented businesses, construction of the Toy nCenter, and other road
improvements and monies needed to be accelerated because of how the projects all tie
together.
Councilmember Johnson inquired about the steel for the 911 Memorial. Mr. Hart replied
that the City had received approval and that the next step Nvould be to complete a
questionnaire to finalize the size of the steel, and then the city Nvould be required to
obtain steel in New York. Also, he indicated that FWT, Inc. Nvould make arrangements
to obtain the steel in New York and complete all required Nvelding to finish the project.
Mr. Hart then replied all papenvork had been received on the groundwater district, and
the city had three Nveeks to register all Nvells.
Next, Larry Ledbetter, Director of Public Works reported that the heavy rains did take out
an eight inch sewer crossing and six inch Nvater line near Village Creek. He said the city
took in additional Nvater from Fort Worth to prevent draining the city's system, and that
there Nvasn't really a sewer spill as not much sewer flows through that line. Mr. Ledbetter
indicated that valves have been installed to make reconnections.
In addition, Mr. Hart said he Nvould be presenting the Comprehensive Land Use Update
to the Council Nvithin the next 90 days or so, and indicted that the city had applied for
grant funds to assist N ith the project.
In closure, Mr. Hart announced that the city--N-, de cleanup would be scheduled for
October 30 "' and Nvould be held at 1000 E. Kennedale Parkway, spoke on the quite zone
and said channel gates Nvould need to be installed, energy grant Nvork had been
completed, provided new draN ing depicting the Toy nCenter included the parking, update
on restoration of the Section House.
There being no further discussion, Mayor Lankhorst recessed the Nvork session to enter
into executive session at 6:32 p.m.
B. Governance frameNvork discussion
No discussion took place on this item.
C. Discuss and review any item on the agenda, if needed.
Mavor Pro -Tem Clark questioned the cover letter to the agreement for the Senior Citizen
Center and inquired about the language addressing the City of Forest Hill.
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*NOTE. Pursuant to Chapter 551, Texas Government Code, the City Council reserves the right to adjourn into
Executive Session at any time durinm the work session or the regular session to discuss posted executive session
items or to seek legal advice from the City Attorney ou any item posted ou the agenda.
IV. REGULAR SESSION
Mavor Lankhorst called the regular session to order at 6:59 p.m.
V. INVOCATION
Bob Hart, City Manager provided the Invocation.
VI. 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."
Mavor Baran Lankhorst led the recital of the US Pledge of Allegiance and the Texas Pledge of
Allegiance.
VIII. VISITOR/CITIZENS FORUM
Pat Doescher, Chairman of the Kennedale Chamber of Commerce announced the Chamber
Luncheon scheduled for September 15"', Golf Tournament scheduled for October 11 "', parade
scheduled for March 5 "', and car show schedule for Mav 2011. Mrs. Doescher also indicated that
the Chamber is looking for luncheon sponsors, and are accepting donations for raffle items for the
golf tournament and car show.
IX. 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. Mavor
Mavor Lankhorst indicated he Nvas in charge of a fund raising event to be held at Chili's
on September 27 "' at 6:00 p.m., and Nvould be serving and encouraged everyone to come
out and vote for him.
B. Citv Council
Councilmember Johnson thanked the Rotary for placement of flags out on the various
Flag Days.
C. City Manager — No reports /announcements.
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X. 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
Nvill be removed from the consent agenda and considered separately.
A. Consider approval of meeting minutes: August 12, 2010.
B. Consider authorizing the City Manager to execute a change order Nvith Conatser
Construction TX, LP, for additional services including labor and supplies for the
construction of the 16" Nvater line `B" project.
C. Consider authoring City Manager to execute an Agreement Nvith Sr. Citizen Services of
Greater Tarrant County to operate Senior Center in Kennedale in an amount of
$22,000.00
D. Consider approval of Fort Worth Wholesale Customer Advisory Committee (WCAC)
appointments.
E. Consider authorizing the City Manager to execute a change order to the original contract
Nvith Gra -Tex Utilities, Inc., for additional services including labor and supplies for the
High Ridge Road Nvater and seNver project.
F. Consider approval of Change Orders No. 2 & 3 relative to Bovman Springs Road
Construction.
Mavor Pro -Tem Clark moved to approve consent agenda Nvith corrections to item C as
discussed in the Nvork session, second by Councilmember Johnson. Motion carried
unanimously (5 -0).
XI. REGULAR ITEMS
G. Public hearing, review, and consider action on Case 4PZ 10 -09, re -plat of approximately
45.696 acres from the Ben Jopling Survey, A -866, Tract 313; James R. Hawkins Survey,
A -792, Tract 113 and SNvinev Subdivision, Lot 6A, Lot 4 less SW corner, and W Pt. 5,
City of Kennedale, Tarrant County, Texas to that of Lots 1 and 2, Block A, BoNverman
Addition, City of Kennedale, Tarrant County, Texas. The property is located at 1257,
1301, and 1409 Sv, nev Hiett Road, an unaddressed property on N. Joplin Road, and an
unaddressed property on Coker Valley Drive. The re -plat is requested by BoNverman Oil
& Gas.
1. Staff Presentation
Rachel Roberts, Planner addressed Case 4PZ 10 -09, re -plat of Lots 1 and 2,
Block A, BoNverman Addition. Mrs. Roberts indicated that the Planning and
Zoning Commission held a public hearing, and recommended approval on the
condition that the re- zoning case be approved.
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2. Public Hearing
Mayor Lankhorst opened the public hearing for public comments, and Nvith no
persons registered to speak for or against Case 4PZ 10 -09, he closed the hearing.
Staff Response and Summary
No additional staff comments Nvere provided.
4. Action on Case 4PZ 10 -09
Councilmember Johnson moved to approve Case 4PZ 10 -09 on the condition that
Case 4PZ 10 -10 be approved, seconded by Councilmember Carrington. Motion
carried unanimously (5 -0).
H. Public hearing, review, and consider action to approve Ordinance No. 464, Case 4PZ 10-
10, rezoning of approximately 0.4 acres more particularIv described as Lot 2, Block A,
BoNverman Addition from that of "AG" Agriculture District to that of "R -3" Single
Family Residential District. Rezoning is requested by BoNverman Oil & Gas.
1. Staff Presentation
Rachel Roberts, Planner addressed Case 4PZ 10 -10, re- zoning application for Lot
2, Block A, BoNverman Addition.
2. Public Hearing
Mayor Lankhorst opened the public hearing for public comments, and Nvith no
persons registered to speak for or against Case 4PZ 10 -10, closed the hearing.
Staff Response and Summary
No additional staff comments Nvere provided.
4. Action on Ordinance No. 464, Case 4PZ 10 -10.
Councilmember Carrington moved to approve Ordinance No. 464, Case 4PZ 10-
10, re- zoning Lot 2, Block A, BoNverman Addition to that of "R -3" Single Family
Residential, second by Councilmember Turner. Motion carried (5 -0).
Review and consider action to appoint Chairman and Vice - Chairman to the Planning and
Zoning Commission.
Mavor Pro -Tem Clark moved to re- appoint David Hunn as Chairman and Ernest Harvev
as Vice - Chairman to the Planning and Zoning Commission, second by Councilmember
Turner. Mavor Pro -Tem Clark, and Councilmember's Turner, Carrington, and Johnson
voted ave, Nvith Councilmember Miller voting nay. Motion carried (4 -1 -0).
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Review and consider action to approve Ordinance No. 462, adopting 2010 -2011 Fiscal
Year Budget.
Councilmember Johnson moved to approve Ordinance No. 462, adopting the 2010 -2011
Fiscal Year Budget, second by Councilmember Carrington. Motion carried unanimously
(5 -0).
K. Review and consider action to approve Ordinance No. 463, adopting 2010 Tai Rate of
$0.722500 per $100 of taxable value.
Councilmember Turner moved to approve Ordinance No. 463, adopting 2010 Tax Rate of
$0.722500 per $100 of taxable value, second by Councilmember Miller. Motion carried
unanimously (5 -0).
L. Review and consider action to ratIA- property tax increase reflected in the budget for
Fiscal Year 2010 -2011.
Councilmember Johnson moved that this budget Nvill raise more total property taxes than
last Tear's budget by $38,827 or $0.99 %, and of that amount $467 is tax revenue to be
raised from new property added to the tax roll this Near, and to ratIA- a property tax
increase in the approved budget. Motion seconded by Councilmember Turner and
motion carried unanimously (5 -0).
M. Review and consider action to authorize City Manager to execute contract Nvith Benefit
Bucks for Section 125 flexible spending account services.
Councilmember Carrington moved to authorize the City Manager to execute a contract
With Benefit Bucks for Section 125 flexible spending account services, seconded by
Councilmember Johnson. Motion carried unanimously (5 -0).
N. Second reading to review and consider action to approve Resolution No. 333, authorizing
and approving a loan from the office of the Governor Economic Development and
Tourism Division authorizing the execution and delivery of the Loan Agreement and
related documents authorizing the pledge of sales and use tax receipts and other matters
in connection thereNvith.
Councilmember Johnson moved to approve second reading of Resolution No. 333,
authorizing and approving a loan from the office of the Governor Economic
Development and Tourism Division authorizing the execution and delivery of the Loan
Agreement and related documents authorizing the pledge of sales and use tax receipts and
other matters in connection thereNvith, second by Mavor Pro -Tem Clark. Motion carried
unanimously (5 -0).
XIL EXECUTIVE SESSION
A. The City Council Neill meet in closed session pursuant to Section 551.071 of the Texas
Government Code for consultation Nvith the City Attorney pertaining to any matter in
which the duty of the City Attornev under the Texas Disciplinary Rules of Professional
Conduct may conflict Nvith the Open Meetings Act, including discussion on any item
posted on the agenda.
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B. The City Council Nvill meeting 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.
Appointment of Magistrates
C. The City Council Neill 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 folloNving:
1. Little School Road re- alignment properties
2. Bovman Springs Road alignment
3. 1000 E. Kennedale ParlcwaN-
4. 1170 E. Kennedale Parlcwa)T
D. The City Council Neill 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 Nvith which the city is conducting economic development negotiations.
XIIL RECONVENE INTO OPEN SESSION, AND TAKE ACTION NECESSARY PURSUANT
TO EXECUTIVE SESSION, IF NEEDED.
A. Review and consider action to appoint two (2) magistrates.
Mavor Pro -Tem Clark moved to appoint Jennifer Bozorgnia and Sakura Moten - Dedrick
as volunteers to serve as Magistrates, second by Councilmember Miller. Motion carried
unanimously (5 -0).
XIV. ADJOURNMENT
There being no further business to consider, Mavor Lankhorst asked for a motion to adjourn the
meeting. Councilmember Johnson so moved and Councilmember Miller seconded the motion.
Meeting adjourned at 7:45p.m.
APPROVED:
Mavor, Baran Lankhorst
ATTEST:
Kath -,T Turner, City Secretary