2006_09.14 CC Agenda
405 Municipal Drive, Kennedale, Texas 76060
AGENDA
KENNEDALE CITY COUNCIL
REGULAR MEETING – SEPTEMBER 14, 2006
405 MUNICIPAL DR. – KENNEDALE MUNICIPAL BLDG.
WORK SESSION – COUNCIL CHAMBERS – 5:30 PM
EXECUTIVE SESSION – PRE-COUNCIL CHAMBERS – 6:30 PM
REGULAR SESSION – COUNCIL CHAMBERS – 7:00 PM
CALL TO ORDER
ROLL CALL
I.WORK SESSION – 5:30 PM
Discussion will take place on the following items:
1. Proposed Ethics Policy
2. Any item on the agenda, if needed.
3. Discussion regarding Rolling Acres Park and possible future park area.
4. Discussion regarding Library/Community opening and possible dedication events.
II. RECESS TO EXECUTIVE SESSION – 6:30 PM
1. 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
amortization of nonconforming uses; weight permits on Dick Price Road; regulation of sexually
oriented businesses; and litigation, settlement offers, and/or claims regarding the following
matters:
a. H&A Land Corporation, d/b/a Showtime Cabaret v. City of Kennedale; Cause No. 402-CV-
0458-Y (Dreamer’s)
b. H&A Land Corporation, d/b/a/ Showtime Cabaret v. City of Kennedale; Cause No. 4:05-CV-
210-Y.
c. Doyle Lee Shastid, Jr. v. City of Kennedale; Cause No. 096-216918-06.
d. City of Kennedale v. Log Cabin; Cause No. 342-218988-06.
2. The City Council will meet in closed session to deliberate the appointment, employment, evaluation,
reassignment, duties, discipline, or dismissal of a public officer or employee, Section 551.074, Texas
Government Code.
a. City Manager
3. 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.
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KENNEDALE CITY COUNCIL
SEPTEMBER 14, 2006
III. RECONVENE INTO REGULAR SESSION – 7:00 PM
IV. INVOCATION AND PLEDGE OF ALLEGIANCE
V. TAKE ACTION NECESSARY PURSUANT TO EXECUTIVE SESSION.
VI. PRESENTATION
1. Mayor Lankhorst will recognize Dianna Garcia, Animal Control Officer for the
implementation of Bark in the Park.
VII. PUBLIC HEARINGS
1. To receive citizen’s comments regarding a proposed ordinance of the City of Kennedale,
Texas, amending Chapter 17 of the Kennedale City Code (1991) governing oil and gas
operations; and providing additional regulations governing fire safety and operation site
security.
2. Case #PZ 06-04 - to receive citizen’s comments regarding a request for rezoning of 1.1 acres
with the legal description being Block 9, Lots 1A, 1C2, 1C1, 2 and 3, Oak Crest Addition in
the City of Kennedale, Tarrant County, Texas. The property is located at 6705 Lindale. The
zoning at the present time is “C-1” (Restricted Commercial) and is proposed to rezone to “C-
2” (General Commercial), as requested by Charles Tenney.
3. Case #PZ 06-05 – to receive citizen’s comments regarding a request for rezoning of 48 acres
with the legal description being Tract 2 of the J M Lilly Survey, Abstract 980, and Tract 3 of
the J M Lilly Survey, Abstract 985, in the City of Kennedale, Tarrant County, Texas. The
address is 100 Little School Road. The zoning at the present time is “AG” (Agriculture) and
is proposed to rezone to “R-2” (Single Family Residential), as requested by Adlai Pennington
with MKP & Associates, Inc.
4. To receive citizen’s comments regarding a proposed ordinance amending Article V of
Chapter 17 of the Kennedale City Code, The Subdivision Ordinance, to provide for adequate
facilities and minimum standards for public facilities and for the timing of dedication and
construction of public facilities; establishing requirements relating to rough proportionality
determinations for all plat and development applications which impose exaction requirements;
providing for definitions; providing for procedures; establishing procedures for appeal
thereof; establishing requirements relating to completeness determinations for plat and
development applications; and providing that the provisions of this ordinance shall apply to
applications for approval and plans of development.
VIII.CONSENT AGENDA
The following items are considered to be routine and self-explanatory by the Council and will be
enacted with one motion. There will be no separate discussion of these items unless a
Councilmember requests that an item be removed from the Consent Agenda and be considered, in
sequence, as a routine agenda item.
1. Consider approval of minutes: regular meeting dated August 10, 2006; special meetings dated
August 12, 2006; Budget Workshop dated August 16, 2006; Special Meting dated August 24,
2006; and public hearing dated August 31, 2006.
2. Consider approval of Resolution No. 213 to approve annual review of Investment Policy.
3. Consider approval authorizing Mayor to execute engagement letter with audit firm,
Patillo, Brown & Hill LLP for year ending 09/30/06.
4. Consider approval of Contractual Agreement for financial advisory services between City of
Kennedale and Southwest Securities.
5. Consider approval of eligible projects for EDC, and allow expenditure of funds collected from
4B Sales Tax.
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KENNEDALE CITY COUNCIL
SEPTEMBER 14, 2006
VIII.CONSENT AGENDA CONTINUED
6. Consider approval of Resolution No. 214, authorizing Mayor to execute lease agreement with
XTO.
7. Consider approval of Ordinance No. 343, amending Chapter 17 of the Kennedale City Code
(1991), Ordinance No. 271 governing oil and gas operations; and providing additional
regulations governing fire safety and operation site security.
8. Consider approval of Ordinance No. 347 adopting budget for fiscal year 2006-07.
9. Consider approval of Ordinance No. 348 adopting a 2006 tax rate of $0.722500 per $100 of
taxable value.
10. Consider approval of Ordinance No. 349 amending the City’s Industrial Waste Regulations,
Section 23-123 of Chapter 23, Article III of the Kennedale City Code (1992), providing that
certain wastewater constituents are prohibited.
11. Consider approval of Resolution No. 215 to fund the City’s Enforcement Response Plan for
its Industrial Waste Ordinance Permit Administration and Enforcement regulations by
charging fees to the regulated industries.
12. Consider approval of Ordinance No. 350, amending Section 1-6 “General Penalty; Continuing
Violations”, of the Kennedale City Code (1991), as amended.
IX. REGULAR ITEMS
13. Consider approval of Ordinance No. 344, Case #PZ 06-04 rezoning of 1.1. acres with the
legal description being Block 9, Lots 1A, 1C2, 1C1, 2 and 3, Oak Crest Addition in the City
of Kennedale, Tarrant County, Texas. The property is located at 6705 Lindale. The zoning at
the present time is “C-1” (Restricted Commercial) and is proposed to rezone to “C-2”
(General Commercial), as requested by Charles Tenney.
14. Consider approval of Ordinance No. 345, Case # PZ 06-05 rezoning of 48 acres with the legal
description being Tract 2 of the J M Lilly Survey, Abstract 980, and Tract 3 of the J M Lilly
Survey, Abstract 985, in the City of Kennedale, Tarrant County, Texas. The address is 100
Little School Road. The zoning at the present time is “AG” (Agriculture) and is proposed to
rezone to “R-2” (Single Family Residential), as requested by Adlai Pennington with MKP &
Associates, Inc.
15. Consider approval of Ordinance No. 346 authorizing the issuance of City of Kennedale,
Texas Tax Notes, Series 2006 in the amount of Three Hundred Thousand Dollars
($300,000.00); authorizing the levying of a tax for the payment thereof; authorizing execution
of a paying agent/registrar agreement; authorizing and approving other instruments and
procedures related thereto; and declaring an effective date.
16. Consider approval of Ordinance No. 351 amending Article V of Chapter 17 of the Kennedale
City Code, The Subdivision Ordinance, to provide for adequate facilities and minimum
standards for public facilities and for the timing of dedication and construction of public
facilities; establishing requirements relating to rough proportionality determinations for all
plat and development applications which impose exaction requirements; providing for
definitions; providing for procedures; establishing procedures for appeal thereof; establishing
requirements relating to completeness determinations for plat and development applications;
and providing that the provisions of this ordinance shall apply to applications for approval and
plans of development.
X. 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.
XI. STAFF REPORT/ANNOUNCEMENTS
1. City Manager Report
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KENNEDALE CITY COUNCIL
SEPTEMBER 14, 2006
XII. MAYOR/COUNCIL REPORT/ANNOUNCEMENTS
1. Mayor Report/Announcements
2. Council Reports/Announcements
XIII. ADJOURNMENT