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08.11.2011 CC Minutes j( KFNNEDALE � Yau re Were,Yaur Name www.cityofkennedale.corn 405 Municipal Drive, Kennedale, Texas 76060 MINUTES KENNEDALE CITY COUNCIL REGULAR MEETING -August 11, 2011 CITY COUNCIL CHAMBERS WORK SESSION - 5:30 PM REGULAR SESSION - 7:00 PM I. CALL TO ORDER Mayor Pro-Tern John Clark called the meeting to order at 5:33pm Mayor Bryan Lankhorst arrived at 5:40pm. II.WORK SESSION *NOTE. Pursuant to_Section 551.079, 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 anv item posted on the agenda. T Item E was moved to the beginning of the work session as directed by the City Manager. i E. Effective Tax Rate & Rollback Tax Rate Summary Sakura Dedrick approached the council with information on the effective tax rate. Overall rate is $00.70 cents, so the city will be holding an additional two hearings over the next few months. A. Discuss options for conducting the May 2012 general election. Amethyst Cirmo gave a brief update on the state of Senate Bill 100 regarding general elections. B. Discuss economic development incentive strategies. intern Justin Pruitt gave an update on several incentive strategies currently being examined by the Economic Development Corporation, noting that industrial development may be a beneficial choice for Kennedale Parkway. Tax incentive districts and abatement zones were discussed. C. Update on water restrictions. Amethyst Cirmo gave a brief update on current regional water restrictions and drought stages, including regional media campaigns to deal with the issue. Larry Ledbetter gave a brief history on water restrictions in Kennedale and the region and gave a perspective on what may happen in the coming weeks. D. Present information and receive guidance on potential revisions to noise regulations and to oil and gas regulations. Rachel Roberts approached the council with information on the Planning and Zoning Commission's process for special exceptions regarding oil and gas operations and nuisance regulations regarding low frequency sounds and moving oil and gas related sounds into the nuisance ordinance regarding noise and sound. Councilmember Clark recommended that the sound ordinances should be standardized and enforced as one ordinance with as much consistency as possible. Councilmember Liz Carrington recommended a need for baseline noise testing and analysis. F. Discuss other agenda items as needed. Consent Items C and H were moved to the work session for discussion. Consent Item C: Sakura Moten-Dedrick discussed amendments to the Administrative Fee Ordinance. Consent Item H: Sakura Moten-Dedrick noted that the city would like to remove consent item H and roll credit card fees into the Administrative Fee Ordinance. Due to this, Consent item H will be removed from the agenda. III. REGULAR SESSION Mayor Lankhorst called the regular session to order at 7:05pm. 1V. ROLL CALL COUNCIL PRESENT ABSENT MAYOR, BRYAN LANKHORST x MAYOR PRO TEM JOHN CLARK x COUNCILMEMBER BRIAN JOHNSON x COUNCILMEMBER FRANK FERNANDEZ x COUNCILMEMBER KELLY TURNER x COUNCILMEMBER LIZ CARRINGTON x CITY STAFF PRESENT ABSENT CITY MANAGER BOB HART x CITY SECRETARY AMETHYST CIRMO x CITY ATTORNEY WAYNE K. OLSON x JAMES COWEY BUILDING OFFICIAL x POLICE CHIEF TOMMY WILLIAMS x FIRE CHIEF MIKE MCMURRAY x DIR. OF FINANCE SAKURA MOTEN-DEDRICK x DIR. PUBLIC WORKS LARRY LEDBETTER x PLANNER RACHEL ROBERTS x HUMAN RESOURCE DIR KELLY COOPER x Page 2 of 7 V. INVOCATION VI. UNITED STATES PLEDGE VII. TEXAS PLEDGE "Honor the Texas Flag; I Pledge Allegiance to Thee, Texas, One State under God; One and Indivisible." Vill.VISITORICITIZENS 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. Pat Doescher, Chair of the Kennedale Chamber of Commerce approached the city regarding a litter problem along Kennedale Parkway between Valley Lane and Interstate 20. Greg Hutson, Executive Director of the Kennedale Chamber of Commerce announced the upcoming Chamber Luncheon on Wednesday August 17"'. Tiesa Legett from Chesapeake Energy approached the Council regarding air sampling issues and requested that the council speak with the Board of Adjustment regarding continuous air sampling. Brian Beorner from Chesapeake Energy approached the council with additional information regarding the recent air quality studies completed in Fort Worth. Adelai Pennington from Red Barn Health Club approached the Council regarding the upcoming Kennedale Classic Half-Marathon which I scheduled to take place on September P, which will be held as an official Olympic qualifying race for many hopefuls. Joe Boyle, running coach, also spoke on behalf of the Marathon. Earnest Harvey approached the Council regarding air quality in Kennedale, asking gas companies that currently conduct air quality testing to continue doing so for the benefit of all residents' health. IX. REPORTSIANNOUNCEMENTS 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. Present Police Department Life Saving Awards. -Shannan DeFrancisco -James Peterson Mayor Lankhorst and Police Chief Tommy Williams presented Life Saving awards to above noted city employees for their life saving skills. Page 3 of 7 B. Library Summer Reading Program Winners Summer library reading awards were presented to Hailey Grabes and Bethany Grady who were not present at the meeting. C. Mayor: Updates and information, if any. D. Councilmembers: Updates and information, if any. E. City Manager: Updates and information, if any. 1. Economic Development Corporation 2011-2012 budget update. Bob Hart noted that TXDOT has awarded the contract for the Bowman Springs bridge and construction will begin in October of 2011. He also noted that the 9111 Memorial dedication would be held on Saturday October 15th, and will be attended by several firefighters from New York City and State Senator Brian Birdwell. 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. Consider approval of regular meeting minutes dated July 14th, 2011. B. Consider officially designating the position of City Secretary to encompass the duties of Records Manager and Elections Administrator. C. Discuss and consider approval of AN ORDINANCE AMENDING SECTION 2-3 OF THE KENNEDALE CITY CODE (1991), AS AMENDED, BY AMENDING, REPEALING, OR PROVIDING FOR FEES FOR CERTAIN CITY SERVICES; PROVIDING FOR THE ADOPTION OF ADDITIONAL_ FEES BY ORDINANCE; PROVIDING FOR THE REPEAL OF FEES INCONSISTENT WITH THE FEES ESTABLISHED HEREIN; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; 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. D. Consider approval of AN ORDINANCE OF THE CITY OF KENNEDALE, TEXAS, ("CITY") APPROVING A NEGOTIATED RESOLUTION BETWEEN THE ATMOS CITIES STEERING COMMITTEE ("ACSC" OR"STEERING COMMITTEE")AND ATMOS ENERGY CORP., MID-TEX DIVISION ("ATMOS MID-TEX" or"COMPANY") REGARDING THE COMPANY'S FOURTH ANNUAL RATE REVIEW MECHANISM ("RRM") FILING IN ALL CITIES EXERCISING ORIGINAL JURISDICTION; DECLARING EXISTING RATES TO BE UNREASONABLE; ADOPTING TARIFFS THAT REFLECT RATE ADJUSTMENTS CONSISTENT WITH THE NEGOTIATED SETTLEMENT AND FINDING RATES TO BE SET BY THE ATTACHED TARIFFS TO BE JUST AND REASONABLE; REQUIRING THE COMPANY TO REIMBURSE CITIES' REASONABLE RATEMAKING EXPENSES; REPEALING CONFLICTING RESOLUTIONS OR ORDINANCES; Page 4 of 7 DETERMINING THAT THIS ORDINANCE WAS PASSED IN ACCORDANCE WITH THE REQUIREMENTS OF THE TEXAS OPEN MEETINGS ACT; ADOPTING A SAVINGS CLAUSE; DECLARING AND EFFECTIVE DATE; AND REQUIRING DELIVERY OF THIS ORDINANCE TO THE COMPANY AND THE STEERING COMMITTEE'S LEGAL COUNSEL. E. Consider approval of A RESOLUTION WAIVING TAXES FOR 1000 EAST KENNEDALE PARKWAY. F. Consider authorizing the Mayor to sign an agreement with Naval Air Station Firearms Range Agreement for firearms range services for police training. G. Consider approving the City Manager to execute an interiocal agreement for participation in the City of Fort Worth's Environmental Collection Center Household Hazardous Waste Program. H. Discuss and consider AN ORDINANCE OF THE CITY OF KENNEDALE, AMENDING SECTION 2 OF ORDINANCE NO. 353; AMENDING THE FEE SCHEDULE TO REFLECT THE SAME; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. John Clark request to separate items C and H from the Consent Agenda. A motion to approve the remainder of the consent agenda as provided was made by Kelly Turner, second by Liz Carrington. Motion passed unanimously. A motion to separate consent items C and H from the consent agenda and approve them with the provision that the credit card fee schedule proposed in item C be added to the Ordinance proposed in item H was made by John Clark, second by Kelly Turner. The motion passed unanimously. XI. REGULAR ITEMS A. Discuss and consider authorizing the City Manager to approve and sign agreements awarding bids for health, dental, life, and accidental death and dismemberment insurance coverage, and flexible spending accounts. Human Resources Director Kelly Cooper described the process for 2011, noting that several bids were received and that the city is recommending continuing to do business with Blue Cross Blue Shield. Councilmember John Clark recommended that the city increase efforts to reward employees for good health. A motion to authorize the City Manager to approve and sign agreements with Blue Cross Blue Shield,Ameritus, and Brinson Benefits related to health and insurance bids was made by John Clark, second by Frank Fernandez. The motion passed unanimously. Mayor Lankhorst made the direction to bring regular item G forward at this time. G. Discuss and Consider ADOPTING BY REFERENCE THE TEXAS FOOD ESTABLISHMENT RULES:AN ORDINANCE REGARDING THE REGULATION OF FOOD ESTABLISHMENTS INCLUDING FOOD SERVICE ESTABLISHMENTS, RETAIL FOOD STORES, TEMPORARY FOOD ESTABLISHMENTS, MOBILE FOOD UNITS,AND ROADSIDE FOOD VENDORS; REQUIRING PERMITS FOR FOOD MANAGERS AND FOOD HANDLERS AND PROCEDURES FOR THE SUSPENSION OR REVOCATION OF PERMITS; REQUIRING CONSTRUCTION PLANS FOR FOOD ESTABLISHMENTS; PROVIDING THAT THIS ORDINANCE IS CUMULATIVE OF ALL Page 5 of 7 ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY FOR VIOLATIONS OF THIS ORDINANCE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. David Jefferson from Tarrant County Public Health presented background information on the adoption of the Ordinance, noting that the state has recently allowed for a graduated fee schedule, which this Ordinance presents. A motion to adopt by reference the Texas Food Establishment Rules as presented was made by Kelly Turner, second by Liz Carrington. The motion passed unanimously. B. Discuss and consider appointing LaCresha Sanders to Place 2 on the Keep Kennedale Beautiful Commission. A motion to appoint LaCresha Sanders to Place 2 of the Keep Kennedale Beautiful Commission was made by Brian Johnson, second by Kelly Turner. The motion passed unanimously. C. Discuss and consider appointing Ernest Harvey as Chair and Charles Overstreet as Vice-Chair of the Planning and Zoning Commission, as recommended by that Commission. A motion to appoint Ernest Harvey as Chair and Charles Overstreet as Vice-Chair of the Planning and Zoning Commission was made by Frank Fernandez, second by Brian Johnson. The motion passed unanimously. D. Discuss and consider A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KENNEDALE, TEXAS ESTABLISHING AN ATTENDANCE POLICY FOR ALL MEMBERS OF ALL CITY BOARDS AND COMMISSIONS AND PROVIDING AN EFFECTIVE DATE. Councilmembers Turner and Fernandez discussed the proposed 75% attendance rate, agreeing that it was appropriate. Councilmember Clark also recommended that expectations for alternate board members needed to be well defined. A motion to approve a Resolution establishing an attendance policy for all members of all city boards as presented was made by Brian Johnson, second by Kelly Turner. The motion passed unanimously. E. Conduct a public hearing, review, and consider action to approve Case PZ 11-07, final plat requested by McCaslin Holdings for approximately 3.776 acres located on Bowman Springs Road, more particularly described as a portion of Lot 1, Block 1 Gaona Addition and a tract in the J Prickett Survey A 1225 and the E R Mingus Survey A 1075, City of Kennedale, Tarrant County, Texas. Rachel Roberts presented information on the final plat, noting that all legal public hearings and legal notice regulations had been followed. Emergency access, drainage, and other developmental aspects have been deemed acceptable. A motion to approve Planning and Zoning case 11-07 was made by Brian Johnson, second by Kelly Turner. The motion passed unanimously. F. Consider authorizing the City Manager to execute a contract with Halff and Associates to conduct a flood control study on Village Creek in an amount not to exceed $75,000 Bob Hart noted that the cost benefit ratio that would be completed by Halff would be completed in time for the next funding cycle for FEMA and the ACOE. They study will take approximately 6 months to complete. Page 6 of 7 Councilmember John Clark raised a concern in approving this contract prior to the budget workshop A motion to authorize the City Manager to execute a contract with Halff and Associates to conduct a flood control study on Village Creek in an amount not to exceed $75,000, contingent upon the findings of the budget workshop to be held on August 131h, 2011 was made by Brian Johnson, second by Liz Carrington. The motion passed unanimously. XII. 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. No executive session was held, XIII. RECONVENE INTO OPEN SESSION, AND TAKE ACTION NECESSARY PURSUANT TO EXECUTIVE SESSION, IF NEEDED XIV.ADJOURNMENT A motion to adjourn was made by Brian Johnson, second by Liz Carrington. The motion passed unanimously The meeting was adjourned at 8:45pm. ROVE©: May r, Bryan Lankhorst ATTEST: Amethyst G. Ci o, City Secretary Page 7 of 7