2017_05.15 CC MinutesKENNEDALE
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KENNEDALE CITY COUNCIL
MINUTES
REGULAR MEETING
May 15, 2017
CITY HALL COUNCIL CHAMBERS, 405 MUNICIPAL DRIVE
WORK SESSION - 5:30 PM
REGULAR SESSION - 7:00 PM
I. CALL TO ORDER
Mayor Pro Tem Kelly Turner called the meeting to order at 6:30 p.m.
11. WORK SESSION
A. Discuss the proposed 2017 rate adjustment for residential and commercial solid waste
collection, transport, disposal, and recycling services provided by Waste Connections
City Manager George Campbell introduced Norm Bulaich of Waste Connections, Inc. Mr.
Bulaich stated that Waste Connections has provided services to Kennedale since 2007,
and feels they have done an excellent job. He reviewed the services that they provide, and
noted that they offer "take -all" service for the City.
Mr. Bulaich stated that per the contract, they are allowed a rate adjustment once a year. He
informed Council that they have not requested an increase since 2014, and noted that they
are currently at a 2.1% Consumer Price Index (CPI). He added that the contract also allows
them to bring forward additional cost -of- doing- business increases. In conclusion, he stated that
Waste Connections is asking for a 3% increase on garbage and 2% on recycling.
There was discussion concerning the recycling process and the cost involved. Council member
Liz Carrington stated that the increase is approximately $0.33 per month per household.
B. Discussion of items on regular agenda
No items were discussed at this time.
111. REGULAR SESSION
Mayor Pro Tem Kelly Turner opened the regular session at 7:00 p.m.
IV. ROLL CALL
Present: Kelly Turner, Liz Carrington, Rockie Gilley, Jan Joplin, Sandra Lee
Absent: Brian Johnson
V. INVOCATION
405 Municipal Drive, Kennedale, TX 76060 I Telephone: 817- 985 -2100 I Fax: 817-478-7169
Pastor Greg Adams from Covenant Life Baptist Church provided the invocation.
VI. UNITED STATES PLEDGE AND TEXAS PLEDGE
VII. VISITOR/CITIZENS FORUM
Eric Elam, 349 Kennedale Sublett Road, stated that he has not been involved in city politics for
some time. He stated that the election was held with residents coming out in record numbers, and
we now have three new councilmembers. He feels it is clear what the citizen's want.
He questioned the remaining Council "if you were up for election, would you still be here ?" He
asked the remaining Council to do the right thing and resign; to save the citizen's from a recall
election.
Mayor Pro Tem Kelly Turner stated that Mr. Elam could only address them as a board, rather than
singling out specific members.
VIII. REPORTS /ANNOUNCEMENTS
A. Updates from the City Council
Council member Liz Carrington stated that she continues to work with the John Peter
Smith (JPS) Steering Committee on how to care for the County's indigent; and on the clean
water initiative to clean -up Village Creek, which leads into Lake Arlington.
B. Updates from the Mayor
Mayor Pro Tem Turner stated that he recognized that 1,200 residents voted and chose three
new Council members. He added that over the years many decisions were made, which were all
in the best interest of this community. All decisions were not right, nor were they all wrong.
Moving forward, he encouraged everyone to come together and to respectfully work towards the
best interest of the community.
C. Updates from the City Manager
City Manager George Campbell introduced the city's new Finance Director Brady Olsen. George
noted that Brady came to us from the City of Commerce, where he was the Finance Director.
George stated that he brings a wealth of knowledge and experience and welcomed him.
IX. MONITORING INFORMATION
A. Monthly Financials — April 2017
Council member Rockie Gilley questioned why the sales tax revenue from five years ago
exceeded this year's. Finance Director Brady Olsen stated that he would look into the cause and
get back to him.
B. Executive Limitations
C. Ends Review — Balanced Scorecard
Monitoring information updates are in the agenda packet for review.
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X. INCIDENTAL ITEMS
No Items listed.
XI. REQUIRED APPROVAL ITEMS (CONSENT)
A. Consider approval of minutes from April 17, 2017 regular meeting
B. Consider approval of an Interlocal Agreement with Tarrant County for the reconstruction of
approximately 430 feet of pavement at Everman - Kennedale- Burleson Road
Council member Rockie Gilley requested that consent agenda item "B" be removed from the
consent agenda for further decision. This item was opened for discussion after the approval of
the consent agenda.
Council member Gilley stated that he was familiar with this stretch of road and feels it is in good
shape. He asked the reason for paving this section of road. Streets /Parks Superintendent Larry
Hoover stated that the county is preparing to rebuild their section of this road, which runs from
Village Creek into Kennedale. They asked if we would like to participate and repave our section
at the same time. Staff felt it would be best to have the work done all at the same time.
Council member Jan Joplin asked what the cost would be. Larry Hoover stated that there is
$40,000 available in the street budget. However, the cost would likely come in under that
amount. He explained that the County provides the labor and necessary machinery, while the
City provides the materials; and that it is very beneficial, financially.
There was additional discussion regarding road conditions, if budget items may be transferred to
non - county roads, and providing the list of city roads and grades to Council members.
Motion To approve the Interlocal Agreement with Tarrant County for the paving reconstruction
of 430 feet of roadway at Everman - Kennedale- Burleson Road. Action Approve, Moved By Liz
Carrington, Seconded By Kelly Turner.
Motion passed with a vote of 3 -2; with Rockie Gilley and Jan Joplin voting against
approval.
C. Case # PZ 17 -06 to consider approval of a request by Guindolen Anderson for a final plat of
the Anderson Addition for approximately 4.991 acres, as described in a deed to Joe Anderson,
recorded in Volume 14436, Page 7, DRTC, located at the corner of Jonah and Susan Roads.
The plat will create six R -3 single family residential lots.
D. Consider approval of Ordinance 628 approving the negotiated rate settlement, resolving the
2017 Rate Review Mechanism (RRM) filing by Atmos Energy Corp., and implementing the rate
change
E. Consider adopting Resolution 508, amending authorized representatives of TEXPOOL local
government investment pool
F. Consider adopting Resolution 509, amending authorized representatives for the Texas
Short -Term Asset Reserve Program (TexSTAR) local government investment pool
G. Consider adopting Resolution 510, amending authorized representatives for the
TexasTERM /TexasDAILY local government investment pool
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H. Consider adopting Resolution 511 for a grant application to the Justice Assistance Grant
(JAG) Program for a mobile radar trailer
Motion To approve consent agenda with the exclusion of item "B ". 'Action Approve, Moved
By Liz Carrington, Seconded By Sandra Lee.
Motion passed Unanimously
XII. DECISION ITEMS
A. CASE # PZ 17 -05 to hold a public hearing and consider recommendation for approval of
Ordinances 623 and 627, regarding amendments to Kennedale City Code, Chapter 10: Health
and Human Services, Articles I and II; and to the Unified Development Code (UDC), by
amending Article 3 (Agricultural and Residential Districts), Article 4 (Old Town Districts), Article
5 (Village Districts), Article 6 (Commercial and Industrial Districts), Article 7 (Employment
Center Districts), Article 11 (Specific Use Requirements), and Article 32 (General Definitions) in
order to establish regulations for mobile food vendors, including permitted locations.
1. Staff Presentation
2. Public Hearing
3. Staff Response and Summary
4. Action by City Council
City Planner Rachel Roberts provided the staff presentation stating that there has been
considerable interest from vendors and the community to allow mobile food trucks in the city.
She noted that it currently is not permitted.
In January, staff took this to the Planning and Zoning Board to ask if they would consider an
Ordinance to allow mobile food vendors; they agreed. The Unified Development Code (UDC)
was approved in October 2016; therefore, we now have two documents where we codify our
regulations, the UDC and City Code.
There are two Ordinances to be approved. Ordinance 623 amends the UDC, which explains
where the food trucks are allowed. Ordinance 627 amends Kennedale City Code,
which regulates the mobile food vendors.
Public Hearing:
There was no one present requesting to speak.
There was additional discussion by Council regarding the concept presented to the Planning
and Zoning Board; the permitting process; tracking sales tax; and effects to existing restaurants.
Motion To approve Ordinance 623 amending all schedules of use for the Unified Development
Code regarding mobile food vendors. Action Approve, Moved By Liz Carrington, Seconded
By Jan Joplin.
Motion passed Unanimously
Motion To approve Ordinance 627 amending Chapter 10 of the Kennedale City Code regarding
mobile food vendors. Action Approve, Moved By Liz Carrington, Seconded By Jan Joplin.
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Motion passed Unanimously
B. CASE # PZ 17 -07 to hold a public hearing and consider a recommendation concerning
approval of Ordinance 624, regarding an amendment to the Unified Development Code (UDC),
as amended, to amend Section 10.7 "Masonry Requirements" of Article 10 General Provisions
for all Districts; to amend the schedules of uses to allow solar energy equipment as an
accessory use in all commercial, industrial, and employment center zoning districts; and to
amend Section 5.2.F "Other Uses" of Article 5 Village Districts to allow solar energy equipment
as an accessory use in Village Districts.
1. Staff Presentation
2. Public Hearing
3. Staff Response and Summary
4. Action by City Council
City Planner Rachel Roberts provided the staff presentation. She stated that there are two
sections of the Unified Development Code (UDC) that staff proposes to amended. The first
regards what the City considers as masonry materials. She stated that the City would like to
reinforce their stance on what is not considered masonry, such as cement fiber siding.
Rachel continued stating that the second amendment expands on where solar equipment is
permitted. She noted that this would be an existing business, who wanted to use solar
equipment to power their building. Added that this is already allowed in all residential districts.
The Planning and Zoning Board held a public hearing in April and recommends approval.
Public Hearing:
Mayor Pro Tem Turner opened the public hearing; there was no one present requesting to
speak. Mayor Pro Tem Turner closed the public hearing.
Council member Jan Joplin questioned if we could delete the solar panel portion from the
ordinance. Additionally, she questioned if we had a comprehensive plan that all solar equipment
fits under; she was specifically interested in the first responders and their preparation for dealing
with solar panels. Rachel stated that typically the requests we get are from large solar providers,
and they are well- versed in first responder requirements. The City is working with the Council of
Governments (COG) to update our requirements to meet those needs.
In closing, Rachel stated that that if Council would like to delete the solar panel portion from the
ordinance and approve the masonry portion, we could do that. Staff would prepare a separate
ordinance for the solar panels and bring it back to Council in June.
Motion To approve the masonry requirement portion of Ordinance 624 and remove the solar
energy equipment portion. Action Approve, Moved By Jan Joplin, Seconded By Sandra Lee.
Motion passed Unanimously
C. Discuss and consider approval of an amendment to the current contract with Waste
Connections, regarding the proposed 2017 rate adjustment for residential and commercial solid
waste collection, transport, disposal, and recycling services
City Manager George Campbell stated that staff had no further presentation other than what
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was discussed during the work session. He noted that Mr. Bulaich was still available to answer
any further questions, and that staff is recommending approval.
Motion To approve. Action None, Moved By Kelly Turner, Seconded By Liz Carrington
No vote taken.
Substitute Motion To table. Action Table, Moved By Jan Joplin, Seconded By Sandra Lee.
Motion passed with a vote of 3 -1 -1; with Rockie Gilley abstaining and Liz Carrington
voting against tabling.
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 may
conflict with the Open Meetings Act, including discussion of any item posted on the agenda.
No Executive Session was held.
XIV. RECONVENE INTO OPEN SESSION, AND TAKE ACTION NECESSARY PURSUANT TO
EXECUTIVE SESSION, IF NEEDED
No action required
XV. ADJOURNMENT
Motion To adjourn. Action Adjourn, Moved By Liz Carrington, Seconded By Sandra Lee.
Motion passed Unanimously
The meeting was adjourned at 7:47 p.m.
APPROVED:
Bri ` Johnson, ayor
ATTEST:
Leslie Galloway, City Secretary
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