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.
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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.
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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
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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.
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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.
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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:
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ATTEST:
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