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2013_12.12 CC MinutesKENNEDALE CITY COUNCIL MINUTES REGULAR MEETING December 12, 2013 CITY HALL COUNCIL CHAMBERS, 405 MUNICIPAL DRIVE CALL TO ORDER Mayor Clark called the work session to order at 5:30PM. Present: John Clark, Frank Fernandez, Brian Johnson, Charles Overstreet, Kelly Turner, Liz Carrington Absent: Brian Johnson II. WORK SESSION A. Performance Report. Bob Hart presented the status of this month's balanced scorecard, noting that sales tax was still down by about 23% or $460,000.00. Brick and mortar stores have been even or trending up, however the loss of a few businesses in town combined with a sales tax decrease in several of the larger generators in town have cause this overall decrease. Mr. Hart proposed that Council and staff make an effort to build stronger relationships with businesses in town to keep track of these trends. Council discussed the recent transition to Global Water, noting that the payment kiosk would be installed in early 2014, and that the installation of the new water meters was going well. Residents have expressed both displeasure and appreciation for the new system in varying degrees. Staff hopes to continue to ease residents through the transition period. Bob Hart gave a brief report on the performance of the City Marshal Department, noting that the office continues to create sufficient revenue to fund itself. Mayor Clark held a brief discussion on water conservation measures and the recent jail and dispatch transition to the City of Mansfield. Other topics discussed included fire inspections, employee training hours, regional partnerships, and other aspects of the balanced scorecard. B. Sales tax discussion. This discussion item was handled during the discussion of item II -A. C. Oak Crest development update and discussion. Bob Hart noted that several projects were underway in the Oak Crest area, and that Tarrant County has agreed to contribute $250,000.00 toward the construction of Link Street, based on the expectation of business development in that area. Mr. Hart noted that conversations regarding the Tax Increment Refinancing Zone Number One were ongoing, and that the project was long -term. 405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817 -985 -2100 1 Fax: 817-478-7169 D. Youth Advisory Council project discussion. Amethyst Sloane asked the Council for recommendations for Youth Advisory Council projects. Council noted that that would have recommendations at the next meeting in March. E. Discuss any other items on the agenda. No other discussion was necessary. III. REGULAR SESSION Mayor Clark called the regular session to order at 7:OOPM. IV. ROLL CALL Present: John Clark, Frank Fernandez, Brian Johnson, Charles Overstreet, Kelly Turner, Liz Carrington Absent: none V. INVOCATION VI. UNITED STATES PLEDGE VII. TEXAS PLEDGE VIII. VISITORICITIZENS FORUM No individuals signed up to speak. IX. REPORTS /ANNOUNCEMENTS A. Updates and information from the Mayor. Mayor Clark announced the Salvation Army Red Kettle challenge, which will be held at Wal -Mart on Saturday, December 14, 2013. B. Updates and information from Councilmembers. Councilmember Overstreet noted that National League of Cities Conference that he attended with Bob Hart and Councilmember Johnson was very informative, particularly in the subject area of transportation. C. Updates and information from the City Manager. No updates were given. 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 authorizing the City Manager to make an emergency expenditure to replace the T -Well Site Pump and Motor. B. Consider approval of minutes from November 5, 2013 regular meeting. Page 2of7 This is to replace the motor on the T -2 Well. Motion To approve the consent agenda as presented. Action Approve, Moved By Frank Fernandez, Seconded By Kelly Turner Motion Passed Unanimously XI. REGULAR ITEMS A. Consider approval of Ordinance 539, regarding an electric power franchise for Oncor Electric Delivery Company. Bob Hart presented information on this item, noting that state law provides a mechanism to grant franchises for privately owned utilities to use public rights of way. Ours has expired. This Ordinance will extend the franchise through December 2027 and provides for quarterly payments. Councilmember Johnson asked Mr. Hart to explain how these fees were used by the city. Mr. Hard explained that franchise fees went to the special revenue fund for streets which are used to maintain city right of way, streets, etc. Motion To approve Ordinance 539 as presented. Action Approve, Moved By Charles Overstreet, Seconded By Liz Carrington Motion Passed Unanimously B. Consider casting votes for the 2013 -2014 Tarrant Appraisal District Board of Directors. Motion To cast all 6 votes to Michael Leyman. Action Approve, Moved By Charles Overstreet, Seconded By Kelly Turner Motion Passed Unanimously At this time Mayor Clark moved agenda item XI -G (Case PZ- 13 -12) forward. G. CASE # PZ 13 -12 to receive comments and consider approval of Ordinance 542, regarding a request by Alluvium Development, Inc. to amend the regulations for the Planned Development District for property located at 925 Mansfield Cardinal Rd, legal description of J M Lilly Survey A 980 Tract 2 & A 985 Tract 3, Tarrant County, Texas, to correct a scrivener's error that listed the minimum lot width for "C" type lots as 85 feet instead of 80 feet. Staff Presentation The site plans for The Vineyard planned development district (approved by the city under case PZ 13 -04) showed a lot width of 85 feet for "C" type lots. The applicant's intent had been for the "C" type lots to have a width of 80 feet; that width is what the lots are scaled at on the site plan and what he thought had been proposed in the site plan text. Unfortunately, the mistake was not caught in time, and the site plans were reviewed and approved by City Council at the wider width of 85 feet. The approved layout and number of lots are not possible with a width of 85 feet for the "C" lots, unfortunately, so the applicant is requesting a change to the approved site plan to allow a lot width of 80 feet. This lot width would apply only to "C" type lots. 2. Applicant Presentation Terrence Jobe, owner of Alluvium Development, approached the Council, noting that this case is simply to correct a scrivener's error. 3. Public Hearing Mayor Clark opened the public hearing. No individuals signed up to speak. 4. Applicant Response No response was necessary. Page 3 of 7 5. Staff Response and Summary No response was necessary. 6. Action by the Council Motion To approve Ordinance 542 as presented. Action Approve, Moved By Kelly Turner, Seconded By Frank Fernandez. Motion Passed Unanimously C. Consider appointing a Chair and Vice Chair for the 2013 -2014 Board of Adjustment/Building Board of Appeals. Rachel Roberts approached the Council, noting that the Board of Adjustment /Building Board of Appeals had recommended Rick Adams as Chair and Patrick Vader as Vice Chair for 2013 -2014. Motion To approve the appointment of Rick Adams as Chair and Patrick Vader as Vice Chair for the 2013 -2014 Board of Adjustment/Building Board of Appeals. Action Approve, Moved By Brian Johnson, Seconded By Liz Carrington Motion Passed Unanimously D. CASE # PZ 13 -08 to receive comments and consider approval of Ordinance 540, regarding action on a request by Ashton Holdings, Inc. for a zoning change for approximately 6.3 acres from "OT" Old Town District to "PD" Planned Development District located at 260 Hilltop (access on 3` St), legal description of Hilltop Addition Block 1 Lots 1 -15. Staff Presentation This requested development aligns well with the Comprehensive Land Use Plan and meets the 'downtown village' character. The proposed development is 'traditional neighborhood,' which aligns with the recommendations of the strategic plan. The Planning and Zoning Commission is requesting approval with the following 7 conditions, which have been added to the proposed ordinance: 1. The front plane of the garage must be set back from the front plane of the primary structure, with the garage setback a minimum of 20' from the street right -of -way and the front porch setback a minimum of 15'. 2. Primary structures shall have exterior facades of a minimum of 25% masonry. 3. Street lighting shall be decorative and aesthetically compatible with the character of the district. 4. The developer shall adequately address storm water run -off resulting from developing property within the district. Construction plans submitted to the city shall include detailed drainage plans. 5. Elevations shall not repeat more than once every fifth house. 6. Home Owners' Association shall be required, and the HOA shall be responsible for maintaining drainage facilities. 7. The developer shall conduct a traffic study. Councilmember Johnson asked if a homeowner's association of only 15 homes would be able to generate sufficient funds to pay for detention pond maintenance and other associated fees. Mayor Clark noted that if building were to occur on this land with the existing plat, the city would not have as much control over the type of homes that could be built. 2. Applicant Presentation Page 4of7 Adlai Pennington of 1375 Gilman Rd in Fort Worth approached the Council. Mr. Pennington noted that the property's proximity to TownCenter is what makes the property special and that the proposed PD would allow Kennedale to pursue its master plan and provide additional, attractive housing in the downtown area. 3. Public Hearing Mayor Clark opened the public hearing. One individual signed up to speak. • Lana Sather of 421 Corry A. Edwards Dr. read a prepared statement to the Council, noting that she feels that the larger number of homes will be detrimental to their current quality of life. 4. Applicant Response Mr. Pennington approached the Council and presented additional information regarding the potential size of detention ponds that may be required, the length of the cul -de -sac, and the arrangement of homes. Council discussed at length a potential process issue regarding the passage of the zoning change without the plat case, which was pulled from the agenda as the recent inclement weather had disrupted the engineer's schedule and adjusted drawings were not available in time for the PZ Case. Council also asked staff to research potential issues related to cul -de- sac length in this development. 5. Staff Response and Summary Rachel Roberts approached the Council, noting that staff understands the difficulties that changes pose to individuals in established neighborhoods, and believes that the proposed zoning change will allow for the most control over development type and style. 6. Action by the Council Motion To approve Ordinance 540 as presented. Action Approve, Moved By Brian Johnson, Seconded By Liz Carrington. Motion Passed Unanimously E. CASE # PZ 13 -10 to receive comments and consider approval of Ordinance 541, regarding a request by Ashton Holdings, Inc. for a zoning change for approximately 4.3 acres from "AG" Agricultural District to "R -1" Single Family Residential District for property owned by Ricardo Trevino and located at the corner of Swiney Hiett Rd and Collett Sublett Rd, legal description of Oliver Acres Addition Block 2 Lot 6. Staff Presentation Rachel Roberts addressed the Council, noting that this zoning change would allow for a maximum of 8 lots. This property was platted more than 70 years ago as part of the Oliver Acres subdivision. Most of the other lots in Oliver Acres were developed as large lot single family homes, but this lot is still undeveloped. The primary land use in this area is residential. The proposed change aligns with the comprehensive land use plan and the strategic plan. Ms. Roberts noted that a few residents approached the Planning and Zoning Commission with concerns related to water pressure in the area and that the Public Works department was aware of the water pressure concerns and did not believe the additional lots created through a replat would have a negative effect on water pressure. 2. Applicant Presentation Adlai Pennington of 1375 Gilman Rd in Fort Worth approached the Council, noting that anything that the city can do to address water pressure in that portion of town would be appreciated and would help development. Page 5 of 7 3. Public Hearing Mayor Clark opened the public hearing. One individual signed up to speak. • William H. Barnes of 116 Collett Sublett Rd, expressed concern with water pressure in that area, noting that he had been in contact with the Public Works Department and that they were monitoring the situation. Larry Ledbetter from Public Works noted that the additional draw created by new homes could potentially increase water pressure in the area. 4. Applicant Response No response was necessary. 5. Staff Response and Summary Councilmember Johnson asked for clarification on the water pressure issue. Larry Ledbetter noted that the city drops the water tank holding amount in the winter to maintain chloramine levels, which can contribute to lower pressures in some areas of town. Mayor Clark noted that the water system study to be completed in the spring of 2014 will provide the city with additional data and information related to water pressure, supply, and other associated issues. 6. Action by the Council Motion To approve Ordinance 541 as presented. Action Approve, Moved By Charles Overstreet, Seconded By Liz Carrington Motion Passed Unanimously F. CASE # PZ 13 -11 to receive comments and consider action on a request by Ashton Holdings, Inc. for a replat of approximately 4.3 acres, for property owned by Ricardo Trevino and located at the corner of Swiney Hiett Rd and Collett Sublett Rd, legal description of Oliver Acres Addition Block 2 Lot 6, to create Lots 6R1 -6R8. Due to the recent inclement weather, the applicant's engineer was unable to complete the necessary changes in time for presentation. The applicant has asked that this case be tabled until January 2014. Motion To table CASE # PZ 13 -11. Action Approve, Moved By Brian Johnson, Seconded By Charles Overstreet. Motion Passed Unanimously H. Discuss and consider approval of Ordinance 543, regarding the use of lead -flux and solder in plumbing installations. Amethyst Sloane noted that this update was to correct an error in the original ordinance from 1989. Motion To approve Ordinance 543 as presented. Action Approve, Moved By Brian Johnson, Seconded By Liz Carrington Motion Passed Unanimously XII. EXECUTIVE SESSION No executive session was held. Page 6 of 7 XIII. RECONVENE INTO OPEN SESSION, AND TAKE ACTION NECESSARY PURSUANT TO EXECUTIVE SESSION, IF NEEDED No executive session was held. XIV. ADJOURNMENT Motion To adjourn. Action Adjourn, Moved By Brian Johnson, Seconded By Liz Carrington. Motion Passed Unanimously The meeting was adjourned at 9:17PM. APPROVED: M or ohn dark ATTEST: l E City Secretary A ethyst G. Gifrrr6 5k OcAne Page7of7