11.17.2011 CC Minutes405 Municipal Drive, Kennedale, Texas 76060
MINUTES
KENNEDALE CITY COUNCIL
REGULAR MEETING - November 17, 2011
CITY COUNCIL CHAMBERS
WORK SESSION - 5:30 PM
REGULAR SESSION - 7:00 PM
I. CALL TO ORDER
Mayor Lankhorst called the meeting to order at 5:40pm
II. WORK SESSION
item posted on the agenda.
A. Discuss Impact Fee study update and regional detention application
Sakura Moten - Dedrick explained that impact fees are assessed every five years and the city will be
working on compiling information for this update over the next few months. This process is a
combined effort between planning, public works, and finance. This study also deals with road impact
fees.
Councilmember Clark posed questions regarding construction on Sublett Road, noting that mail
delivery and road conditions had become a problem. Councilmember Clark asked that the city look
into providing post office boxes for residents along this street if the problem persists.
Bob Hart presented information regarding regional detention ponds, noting that impact fees could be
set up in a way that could assist with the development of these types of drainage ponds. The city
currently has no mechanism to pay for these projects and may look at this question during the impact
fee study.
B. Discuss potential changes to oil & gas code, including drilling waiver requirements and padsite
locations
Rachel Roberts approached the council, asking for further clarification on several issues in the oil and
gas code, including distances and waivers. Bob Hart noted that city staff recommended the 80%
requirement.
John Clark — Favored a 100% waiver requirement and mentioned that a moratorium throughout the
city should be considered until current issues are resolved.
Brian Johnson — Recommended remaining at the 80% requirement as to not allow a single person to
derail the entire process.
Frank Fernandez — Felt that 80% was a problem and favored either a moratorium or 100% waiver
requirement.
Mayor Lankhorst — Favored a 100% waiver requirement
Kelly Turner— Favored an 80% requirement with the possibility for a moratorium.
Liz Carrington — Concurred with other who favored an 80% requirement and a possible moratorium.
C. Discuss water and wastewater service contract with the City of Arlington.
Bob Hart clarified that he specifically wished to discuss the water contract. The city current has
connections with Arlington water system in several areas. The city is currently not interested in
making changes to the current wastewater contract but may be visiting ideas in the future.
D. Regular item B regarding the regulation of amusement machines was pulled from the regular
session for further discussion.
Bob Hart presented information to the Council regarding amendments to this ordinance, noting that
the city was amending the original ordinance to allow for better regulation and knowledge of eight -
liner locations in the city.
The Mayor closed the work session and the Council entered executive session at 6:45pm.
EXECUTIVE SESSION was held prior to the regular meeting
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 and legal issues regarding
regulation of sexually oriented businesses, litigation, settlement offers, and /or claims regarding the
following matters:
1. H & A Land Corporation, et al. v. City of Kennedale - Cause No. 402 -CV- 0458 -Y (Dreamer's and
Showtime)
2. Chesapeake Energy
3. Kennedale vs. H.M. Real Estate Management, Inc.
III. REGULAR SESSION
Mayor Lankhorst called the meeting to order at 7:08pm.
IV. ROLL CALL
RollCall.
Present: Frank Fernandez, John Clark, Brian Johnson , Kelly Turner, Liz Carrington, Bryan Lankhorst
(Not Voting).
V. INVOCATION
The invocation was performed by Andy Miller from the Salvation Army.
VI. UNITED STATES PLEDGE
The pledge was also performed by Andy Miller from the Salvation Army.
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VII. TEXAS PLEDGE
"Honor the Texas Flag; I Pledge Allegiance to Thee, Texas, One State under God; One and Indivisible."
VIII. VISITOR /CITIZENS FORUM
At this time, any person with business before the Council not scheduled on the agenda may speak to the
Council. No formal action can be taken on these items at this meeting.
1. Captain Andy Miller of the Salvation Army announced that the annual Mayoral ring -off will take
place on Saturday December 17 in front of Wal -Mart.
2. Nassem Patel, business owner at 317 E Kennedale Parkway, approached the council with
questions related to enforcement of the amusement machine ordinance.
3. Duane Tippet of 204 E Mistletoe approached the council. City of Dallas vs. Heather Stewart.
Mr. ippet urger the cty attorney to support Heather Stewart. Mr. Tippet approached the council
regarding the recent legal decisions regarding condemnation and destruction of personal
property regarding the City of Dallas vs. Heather Stewart.
4. Monte Ubanks of 1221 Peggy Lane approached the council regarding renting ballfield space
from the city for girls softball team practice. Bob Hart mentioned that the Kennedale Youth
Association, who currently oversees the ballfields, turned him away. The city will follow up with
Mr. Ubanks as soon as possible.
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.
Councilmember Turner noted that the 9 -11 Memorial dedication ceremony, noting that many community
members attended the ceremony and noting that the Memorial was a great addition to the city.
Councilmember Johnson announced that he, Frank Fernandez, and Bob Hart recently attended the
National League of Cities Conference.
Councilmember Fernandez noted that several videos of the Memorial dedication ceremony are available
on youtube.com and at the city's website homepage.
Mayor Lankhorst announced that the annual Christmas Tree Lighting Festival will be held on Tuesday
November 27 from 5 to 8pm, and that the Kennedale Historical Society had recently held its first
meeting.
X. CONSENT ITEMS
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.
A. Discuss and consider approval of regular meeting minutes from October 13, 2011
B.Discuss and consider A RESOLUTION ADOPTING AN AMENDED CITY OF KENNEDALE
FINANCIAL MANAGEMENT POLICY.
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C. Discuss and consider A RESOLUTION ADOPTING A CITY OF KENNEDALE INTERNAL
CONTROLS & CASH HANDLING POLICY.
D. Discuss and consider A RESOLUTION ADOPTING AN AMENDED CITY OF
KENNEDALE INVESTMENT POLICY.
E. Discuss and consider A RESOLUTION ADOPTING AN AMENDED CITY OF
KENNEDALE PROCUREMENT CARD PROGRAM POLICY.
F. Discuss and consider A RESOLUTION ADOPTING AN AMENDED CITY OF
KENNEDALE PURCHASING POLICY.
G. Discuss and consider A RESOLUTION ADOPTING A CITY OF
KENNEDALE UNCLAIMED PROPERTY POLICY.
H. Discuss and consider A RESOLUTION ADOPTING ETHICAL AND TRAINING STANDARDS FOR
JUVENILE CASE MANAGERS EMPLOYED BY THE CITY OF KENNEDALE, PROVIDING FOR
IMPLEMENTATION OF SAID STANDARDS, AND PROVIDING FOR PERIODIC REVIEW TO
ENSURE IMPLEMENTATION OF THE REQUISITE STANDARDS.
I. Consider authorizing the City Manager to sign the annual Fort Worth Interlocal Agreement for
Rabies Control
J. Authorize City Manager to sign agreement with the Cub Scouts for the use of Sonora Park for the
Scout day camp site.
K. Final payment and acceptance of project for the Bowman Springs Road Realignment project.
L. Discuss and consider an AN ORDINANCE OF THE CITY OF KENNEDALE, AMENDING
CHAPTER 23, ARTICLE III OF THE KENNEDALE CITY CODE (1992), REQUIRING PERMITS TO
DISCHARGE INDUSTRIAL WASTE INTO THE KENNEDALE SANITARY SEWER SYSTEM;
AUTHORIZING THE DIRECTOR OF THE PUBLIC WORKS TO PROMULGATE REGULATIONS
PERTAINING TO SUCH PERMITTING, PROVIDING FOR DEFINITIONS; PROVIDING THAT THIS
ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; REPEALING ORDINANCE NO. 308
(2005); PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS
HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL
NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE.
Item L has been tabled until the next regular meeting, as the ordinance is still under construction.
Motion: To approve the consent agenda as presented, noting that item L had been deferred to the
next meeting. , Action: Approve, Moved by Brian Johnson , Seconded by Frank Fernandez.
Motion passed unanimously.
XI. REGULAR ITEMS
A. Case PZ 11 -10 to receive comments and consider action on a request for a change in zoning from
"C -0" Retail Commercial to "C -1" Restricted Commercial for approximately 1.014 acres located at
4850 US Hwy 287, Kennedale, Tarrant County, Texas, more particularly described as Lot 2 Block 1R
Southwest Crossing Addition. The rezoning is requested by JP Morgan Chase.
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Rachel Roberts approached the Council, noting that real estate workers had been unable to find
business suited for C -0 zoning and that JP Morgan Chase has shown interest in the site and would
require a zoning change. Councilmember Carrington commented that there were several other banks
in that area.
Ryan Tinch, acting as the listing agent for the property, presented information to Council regarding his
representation of this property, noting that both the economy and property access had proven to be a
challenge to development.
Danny Buckner, project manager for Chase Bank approached the council stating that Chase Bank
would very much like to be a part of Kennedale
Mark Morocco, site selection broker for Chase Bank, approached the council and described the
aspects of the lot that would be beneficial to Chase Bank, including daily drivers from Wal -Mart
clientele and proximity to clients.
The public hearing was opened. No one signed up to speak and the hearing was closed.
Bob Hart mentioned that staff's recommendation to change the zoning as it would serve the city well
to fill the lot with a good bank service than to leave it vacant. Staff noted that the uses that the city
would like to see do not appear to be compatible with the lot. Councilmembers Clark, Johnson, and
Fernandez expressed disappointment that promises made by Wal -Mart have not been fulfilled.
Motion: To table this item to the next regular meeting. , Action: Table, Moved by Kelly Turner,
Seconded by Liz Carrington.
Vote: Motion passed (Summary: Yes = 4, No = 1, Abstain = 0).
Yes: Frank Fernandez, Brian Johnson , Kelly Turner, Liz Carrington.
No: John Clark.
B. Discuss and consider AN ORDINANCE OF THE CITY OF KENNEDALE, TEXAS AMENDING
CHAPTER 11 "LICENSES, TAXATION AND MISCELLANEOUS BUSINESS REGULATIONS ",
ARTICLE V "AMUSEMENT HALLS ", BY ADOPTING REGULATIONS FOR AMUSEMENT MACHINE
ESTABLISHMENTS.
Bob Hart approached the council noting that without a licensing and registration process it is very
difficult for the city to be aware of the location of eight -liner amusement machines that pose potential
problem. These amendments also further restriction operating hours around school zones.
City Attorney Wayne Olson noted that these types of regulations are dictated by the Texas State
Penal Code. Eightliners are legal as long as there is not a payout from a win.
Councilmember Carrington questioned the notion that establishments selling state lottery tickets were
not allowed to have any other gaming devices on site. Councilmember Johnson requested that a copy
of the Texas lottery rules that state that this is the case be sent to establishments that fell into this
category.
Motion: To approve Ordinance 492, Action: Approve, Moved by Brian Johnson , Seconded by
Kelly Turner.
Motion passed unanimously.
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C. Discuss and consider a Resolution casting votes for the election of Tarrant Appraisal Board
Members for the 2012 - 2014 term.
Bob Hart noted that as members of the Tarrant Appraisal District Kennedale has 7 votes out of 5,000.
Motion: To cast all votes for Potthoff., Action: Approve, Moved by John Clark, Seconded by Brian
Johnson.
Motion passed unanimously.
D. Discuss and consider action to approve KKB recommendation to move Wayne Wooten from
Place 1 on the Keep Kennedale Beautiful Commission to Alternate Place 8.
Motion: To move Wayne Wooten to Place 8., Action: Approve, Moved by Brian Johnson ,
Seconded by Kelly Turner.
Motion passed unanimously.
E. Discuss and consider appointing Stephen Brim and Fred Winters to the Keep Kennedale Beautiful
Commission.
Motion: Stephem Brim to Place 1 and Fred Winters to Place 9., Action: Approve, Moved by Kelly
Turner, Seconded by Liz Carrington.
Motion passed unanimously.
XIII. RECONVENE INTO OPEN SESSION, AND TAKE ACTION NECESSARY PURSUANT TO
EXECUTIVE SESSION, IF NEEDED
XIV. ADJOURNMENT
Motion: To adjourn., Action: Adjourn, Moved by Brian Johnson , Seconded by Kelly Turner.
Vote: Motion passed (Summary: Yes = 4, No = 1, Abstain = 0).
Yes: Frank Fernandez, Brian Johnson , Kelly Turner, Liz Carrington.
No: John Clark.
APPROVE)
Mayor Aryan Lankhorst ` I �
ATTE _
Amethyst G. Cirrp, City Secretary
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