08.12.2010 CC Minutes 3534
MINUTES
KENNEDALE CITY COUNCIL
REGULAR MEETING — AUGUST 12, 2010
i " KENNEDALE MUNICIPAL BLDG. — 405 MUNICIPAL DRIVE
COUNCIL CHAMBERS.
I. CALL TO ORDER
Mayor Lankhorst called the meeting to order at 5:30 p.m.
II. ROLL CALL
Kathy Turner, City Secretary called roll with the following persons present/absent:
Council Present: Bryan Lankhorst Mayor
John Clark Mayor Pro -Tem, Place 1
Liz Carrington Councilmember, Place 2
Brian Johnson Councilmember, Place 3
Jerry Miller Councilmember, Place 5
Council Absent: Kelly Turner Councilmember, Place 4
Staff Present: Bob Hart City Manager
Wayne K. Olson Legal Counsel
Kathy Turner City Secretary
Kelly Cooper Human Resources Director
Rachel Roberts Planner
Sakura Moten - Dedrick Director of Finance
Darrell Hull KPD Captain
Mike McMurray Fire Chief
James Cowey Dir. Development Services
III. WORK SESSION
A. 2010 US Census update by Jennifer Pope, US Census Bureau.
Jennifer Pope, Partnership Specialist with the United States Census 2010 indicated that
the City of Kennedale has a 76 percent return as of April 2010. She went on to explain
that the count is three quarters complete and quality assurance will be conducted until
October 2010, and come to a close towards the first quarter of 2012.
Next, Ms. Pope spoke of the American Community Survey that would be randomly sent
out and stressed the importance of completing the survey as it would project
characteristics of a community including demographics, housing, economic, and ethnic
L groups.
In closing, Ms. Pope thanked Planner, Rachel Roberts for her assistance with the
complete count committee
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B. Discuss Fiscal Year 2010 -2011 proposed budget, certified appraisal roll, and effective
and rollback rate calculations.
Sakura Moten - Dedrick, Director of Finance addressed the 2010 -2011 effective tax rate
and rollback tax rate calculations. Ms. Dedrick indicated that the proposed tax rate was
below both the rollback tax rate and effective tax rate in which the City would not be
required to follow the specific tax publication and notice guidelines. She then addressed
the revised schedule, which reflected a public hearing on the budget September 2, 2010,
and adoption of the budget and rate on September 9, 2010.
C'. Discuss Atmos franchise fee collection.
Sakura Moten - Dedrick, Director of Finance indicated Atmos franchise fee collections
were currently less than last year's due to a unilateral decision by Atmos to restructure
collection of fees. She said additional information has been requested and once reviewed
would bring back before Council.
D. Discuss governance workshop — August 21, 8:00 a.m. to 4:00 p.m.
Bob Hart, City Manager announced that a governance workshop for Council is on the
books for Saturday, August 21S from 8 a.m. to 4 p.m., in which Mike Condit would lead.
He indicated four models would be addressed, which included council processes,
council /staff relations, executive limitations, and end statements.
I :. Discuss and review any item on the agenda, if needed.
There being no further discussion, Mayor Lankhorst adjourned the work session to enter
into executive session at 6:08 p.m.
*NOTE: Pursuant to Chapter 551, 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 any item posted on the agenda.
IV. REGULAR SESSION
Mayor Lankhorst called regular session to order at 7:15 p.m.
V. INVOCATION
Susan Cullun, Kennedale High School Student and youth member with Tabernacle Praise
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."
Jonathan and Connor Buchanan ledge the Pledge of Allegiance followed by the Texas Pledge.
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VIII. PRESENTATION(S)
A. Mayor Lankhorst will recognize 2010 Kennedale Summer Library Reading Program
winners.
Mayor Lankhorst recognized the 2010 Kennedale Summer Library Reading Program
Winners by presenting Certificate of Achievements to Jonathan Aliwarga for the "Most
Books Read," and to Bethany Graddy for the "Most Time Read."
IX. VISITOR/CITIZENS FORUM
Kay Hunn, 104 Meadowlake Ct., Kennedale, TX spoke before Council regarding the oil and gas
ordinance. Mrs. Hunn was particularly interested in the section of the ordinance dealing with the
BOA special exception to drill within 300 feet of a neighboring property line and the approved
percentage requirement of homeowners. Mrs. Hunn recommended Council keep the percentage
at 80 percent or higher to keep a balance between the land owner and gas companies.
Pat Doescher, 1404 Derby Dr., Kennedale, TX 76060, and Chairman of the Kennedale Chamber
of Commerce indicated that the Chamber of Commerce held their annual retreat on August 4
and it was a huge success, and thanked Councilmember's for their time and efforts. She said lots
of information and input was received, and a lot of anticipated work faces the board.
Next, Mrs. Doescher indicated that the required signatures were gathered to proceed with a Local
Option Election for November 2, 2010 election, and thanked everyone who participated in
gathering of the signatures.
Casey Barnett, 1212 Kennedale Sublett Rd., Kennedale, TX 76060 addressed Council regarding
concerns related to the oil and gas drilling ordinance. Mrs. Barnett questioned gas well locations,
fracing fluid removal, air quality, contamination possibilities to the city's water source, and
easement acquisition and inquired on how or where to go to obtain information regarding such.
John J. Page, 907 Shady Bend Dr., Kennedale, TX 76060 spoke before Council regarding
concerns related to the oil and gas drilling ordinance. Mr. Page urged council to keep the BOA
special exception to drill within 300 feet of a neighboring property line and the approved
percentage requirement of homeowners at 80 or 90 percent so residence could have a voice.
X. REPORTS /ANNOUNCEMENTS
111 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. Mayor — No reports /announcements.
B. City Council — No reports /announcements.
('. City Manager — No reports /announcements.
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XI. 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
will be removed from the consent agenda and considered separately.
A. Approval of meeting minutes: July 8, 2010 and July 31, 2010.
B. Approval of Resolution No. 330, authorizing continued participation with the Atmos
Cities Steering Committee (ACSC), and authorizing the payment of two cents per capita
to the Atmos Cities Steering Committee to fund regulatory and related activities related
to Atmos Energy Corporation.
('. Approval of Resolution No. 331, amending ICMA Section 457 Deferred Compensation
Plan to permit loans for participants.
Mayor Pro -Tem Clark moved to approve consent agenda items A -C as presented, second
by Councilmember Carrington. Motion carried unanimously (4 -0).
XII. REGULAR ITEMS
D. Review and consider action to approve Ordinance No. 456, revising regulations
governing oil and gas drilling related operations.
Mayor Pro -Tem Clark moved to approve Ordinance No. 456, revising regulations
governing oil and gas drilling related operations, second by Councilmember Johnson.
Motion carried unanimously (4 -0).
l:. Public hearing, review, and consider action to approve Ordinance No. 458, Case #PZ 10-
08, amending the Kennedale City Code, (1991), as amended, by amending Chapter 17,
Division 2, revising the subdivision regulations governing plats.
1. Staff Presentation
Rachel Roberts, Planner indicated that this amendment to the city code was
brought on by the oil and gas ordinance as it included language affecting plats.
Therefore, the subdivision ordinance needed amended to ensure that the platting
process included the necessary language concerning oil and gas wells.
Ms. Roberts indicated that the Planning and Zoning Commission held a public
hearing on this item during its regular meeting held on July 15, 2010 and voted to
recommend approval.
2. Public Hearing
Mayor Lankhorst opened the public hearing at 7:13 p.m. and with no persons
registered to speak for or against Case #PZ 10 -08, the public hearing was closed
at7:14p.m.
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II 3. Staff Response and Summary
No additional staff response and/or summary were reported.
4. Action on Ordinance No. 458, Case #PZ 10 -08
Mayor Pro -Tem Clark moved to approve Ordinance No. 458, Case #PZ 10 -08
amending regulations governing oil and gas well drilling, operations and
productions, second by Councilmember Johnson. Motion carried unanimously
(4 -0).
1 . Review and consider action to approve Ordinance No. 459, amending Administrative
Fees.
Councilmember Johnson moved to approve Ordinance No. 459, amending
Administrative Fees to include oil and gas well permits and fees, second by
Councilmember Carrington. Motion carried unanimously (4 -0).
(i. Public hearing, review, and consider action to approve 2009 Consumer Compliance
Report on water quality for the City of Kennedale.
1. Staff Presentation
L Larry Ledbetter, Director of Public Works provided a PowerPoint Presentation
regarding the 2009 Consumer Compliance Report
2. Public Hearing
Mayor Lankhorst opened the public hearing at 7:25 p.m. and with no persons
registered to speak for or against the 2009 Consumer Compliance Report, the
hearing was closed at 7:26 p.m.
3. Staff Response and Summary
No additional staff response and/or summary were provided.
4. Action on 2009 Consumer Compliance Report
Mayor Pro -Tem Clark moved to approve the 2009 Annual Drinking Water
Quality Report, second by Councilmember Carrington. Motion carried
unanimously (4 -0).
11. Public hearing, review, and consider action on Case #PZ 10 -07, re -plat of Block A, Lot
8R, Kennedale Retail Center Addition, City of Kennedale, Tarrant County, Texas. The
property consist of an abandoned portion of Municipal Drive, being approximately 0.739
acres of land located in the Canzada Rose Survey, A -1285, City of Kennedale, Tarrant
County, Texas, and approximately 0.9998 acres located on Kennedale Parkway, more
particularly described as Kennedale Retail Center Addition, Block A, Lot 8, City of
Kennedale, Tarrant County, Texas. This replat is required by the City of Kennedale.
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1. Staff Presentation
Rachel Roberts, Planner addressed the re -plat of Lot 8R, Block, Kennedale Retail
Center Addition and indicated that the lot would be served by existing utilities
and would have access to a public street. She also indicated that the reciprocal
aces and parking agreement would need to be modified since the lot was re-
platted.
Furthermore, Ms. Roberts said that staff found no conflicts with the
comprehensive land use plan and that the Planning and Zoning Commission held
a public hearing on the item during its regular meeting on July 15 and voted to
recommend approval.
2. Public Hearing
Mayor Lankhorst opened the public hearing for public comments at 7:28 p.m.,
and with no persons registered, closed the public hearing at 7:29 p.m.
3. Staff Response and Summary
No additional staff response and/or summary were reported.
4. Action on Case #PZ 10 -07
Councilmember Johnson moved to approve Case #PZ 10 -07, re -plat of Lot 8R,
Block A, Kennedale Retail Center Addition, second by Councilmember
Carrington. Motion carried unanimously (4 -0).
1. Review and consider action to award bid for Kennedale Sublett Road.
Councilmember Johnson moved to award bid to JLB Contracting, LLC in the amount of
$2,651,703.34 for Kennedale Sublett Road, and to authorize the City Manager to execute
required contract, second by Councilmember Miller. Motion carried (4 -0).
.1. Review and consider action to approve Resolution No. 332, endorsing the Education
Campaign to inform Texans of transportation needs and urging the 82n Texas Legislature
to enact revenue measures to fund transportation investment.
Councilmember Johnson moved to approve Resolution No. 332, endorsing the Education
Campaign to inform Texans of transportation needs and urging the 82 ❑d Texas Legislature
to enact revenue measures to fund transportation investment, second by Councilmember
Carrington. Motion carried unanimously (4 -0).
K. Review and consider action to approve Ordinance No. 460, amending the 2006
International Fire Code to include Appendices A through G.
Councilmember Johnson moved to approve Ordinance No. 460, amending the 2006
International Fire Code to include Appendices B through G, second by Mayor Pro -Tem
Clark. Motion carried unanimously (4 -0).
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I.. Review and consider action to appoint an alternate to the Kennedale Parks and
Recreation Board.
Mayor Pro -Tem Clark moved to appoint Sal Mauire to serve in the Alternate Position of
Place 8 to the Kennedale Parks and Recreation Board for a two -year term to expire in
June 2012, second by Councilmember Carrington. Motion carried unanimously (4 -0).
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 on any item
posted on the agenda.
1. Issuance of drilling permits.
2. U.S. Fallen Heroes Foundation Contract for sale of land.
B. 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
for the following:
1. Little School Road re- alignment properties
2. Sale of property along Bowman Springs Road.
3. Acquisition of property along 411 W. Kennedale Parkway.
4. Acquisition of property along 711 E. Kennedale Parkway.
5. Acquisition of property at 1453 JR Hawkins Road.
6. Acquisition of property at 6801 E. Oak Crest Drive.
('. The City Council will 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 with which the city is conducting economic development negotiations.
XIV. RECONVENE INTO OPEN SESSION, AND TAKE ACTION NECESSARY PURSUANT
TO EXECUTIVE SESSION, IF NEEDED.
Mayor Lankhorst reconvened from executive session at 7:04 p.m. with no action taken on
executive session items.
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O; 1 'her . b ing no further business to consider, Mayor Lankhorst asked for a motion to adjourn the
E. a 'i 4 + eetih ;
�- , = Councilmember Johnson so moved and Councilmember Carrington seconded the
firki, n Meeting adjourned at 8:40 p.m.
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ATTES I : APPROVED:
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,.� Kathy Turtle , City Secretary Mayor, Bryan Lankhorst