2016_01.18 CC Minutesi
KENNEDALE
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www.cityofkennedale.com KENNEDALE CITY COUNCIL
MINUTES
REGULAR MEETING
January 18, 2016
CITY HALL COUNCIL CHAMBERS, 405 MUNICIPAL DRIVE
WORK SESSION - 5:30 PM
REGULAR SESSION - 7:00 PM
I. CALL TO ORDER
Mayor Johnson called the meeting to order at 5:35 p.m.
II. WORK SESSION
*NOTE. Pursuant to Section 551.071. Texas Government Code. the City Council reserves
the right to adiourn into Executive Session at any time during the work session or the
re_gular session to discuss posted executive session items or to seek legal advice from the
City Attorney on any item posted on the agenda.
A. Joint Work Session to discuss the Uniform Development Code with the Planning and Zoning
Commission and LSL Planning, Inc. representatives
Planning and Zoning Commission
Present: Stephen Brim, Thomas Pirtle, Billy Gilley, Jeffrey Whitacre
Absent: Ernest Harvey, Carolyn Williamson, Harry Browne
LSL Planning Representative Paul Leblanc met with the Planning and Zoning Commission, City
Council and staff to discuss the Uniform Development Code project. Mr. Leblanc presented a
blueprint for the project, noting that it will be the framework used to move forward. He stated that
LSL has reviewed current regulations, including zoning ordinances and land regulations.
Additionally, he provided a general overview of the project, stating that the next step is to
prepare a working draft ordinance. He emphasized that the following goals of the ordinance is to
be more user - friendly by making it predictable, flexible, organized, with concise wording, and
using clearly defined criteria, streamlined procedures, graphics, drawings, and tables.
The overview continued with a breakdown and recommendation for each section of the
blueprint. There was discussion concerning the need to have a well- defined ordinance to
eliminate loopholes; yet flexible enough to encourage creativity. In concluding, Mr. Leblanc
stated that the Unified Development Code should have at least a 5 -year life span.
III. REGULAR SESSION
Mayor Johnson opened the regular session at 7:00 p.m.
IV. ROLL CALL
405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817 -985 -2100 1 Fax: 817 -478 -7169
Present: Frank Fernandez, Brian Johnson , Kelly Turner, Liz Carrington, Charles Overstreet,
Michael Walker
Absent: None
V. INVOCATION
Greg Adams, Pastor of Covenant Life Baptist Church gave the invocation.
VI. UNITED STATES PLEDGE
VII. TEXAS PLEDGE
"Honor the Texas Flag; I Pledge Allegiance to Thee, Texas, One State under God; One and
Indivisible."
VIII. 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.
There was no one present requesting to speak.
IX. REPORTS /ANNOUNCEMENTS
In 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. Updates from City Council
Councilman Kelly Turner informed the group that he attended the January meeting for the
Emergency Preparedness Planning Council (EPPC); he stated that the State of Texas has
issued $1.8 million to be used mainly for police and fire programs. Kelly added that he was
hopeful that Kennedale would see some regional funding.
B. Updates from the Mayor
There were no updates from the Mayor.
C. Updates from the City Manager
There were no reports or announcements from the City Manager.
X. MONITORING INFORMATION
A. Monthly Financials - November and December 2015
B. Executive Limitations
C. Ends Review - Balanced Scorecard
Monitoring information updates are in the agenda packet for review.
XI. INCIDENTAL ITEMS
A. Review and accept the Police Department 2015 Racial Profiling Report
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Police Chief, Tommy Williams stated that this is the annual report for the State and everything
looked to be in order.
Motion To approve the 2015 Racial Profiling Report. Action Approve, Moved By Charles
Overstreet, Seconded By Liz Carrington.
Motion passed Unanimously
B. Review the Charter Review Committee report and consider directing staff to call an election
City Manager Bob Hart stated that we appointed a Committee to review and make
recommendations for Charter amendments; there are five (5) broad areas to be reviewed:
• Appointment of the City Secretary
• Changing Council terms from 2 years to 3 years
• Dates for submittal of budget
• Dates for submittal of the audit
• Vacancy of offices
Bob added that the City Attorney, Wayne Olson reviewed the Committee's recommendations
and made adjustments and recommended a change to the definition of a Council quorum.
Continuing, Bob stated that the Charter Amendment Election must be called by the end of
February and ballot language will have to be submitted to Tarrant County.
City Attorney, Wayne Olson provided Council with a brief overview of the recommended
amendments. There was discussion concerning the change of term lengths for Mayor and
Council. Mayor Johnson stated that one advantage to changing term lengths is it provides time
for a learning curve; however, the City will still have an election every year. Councilman
Overstreet added that this provides Councilmembers the opportunity to get comfortable with the
governance model. Discussions continued on the additional amendments.
Mayor Johnson stated that best practice standards recommend that City's review their charters
every 5 -year and we have never done this. Councilman Fernandez asked how many
amendments will be on the ballot. Bob Hart stated that there will be six amendments.
Motion To authorize staff to move forward to call an Election for Charter Amendments.
Action Approve, Moved By Kelly Turner, Seconded By Charles Overstreet.
Motion passed Unanimously
XII. REQUIRED APPROVAL ITEMS (CONSENT)
All matters listed under required approval items (consent) 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 approval of minutes from December 14, 2016 meeting
B. Consider adopting Resolution 475, amending authorized representatives of TEXPOOL local
government investment pool
C. Consider adopting Resolution 476, amending authorized representatives of Texas short term
asset reserve program (TEXSTAR) local government investment pool
D. Consider adopting Resolution 477, amending authorized representatives of Texas
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Term/Texas Daily local government investment pool
E. Consider authorizing the city manager to execute a contract with Linebarger, Goggan, Blair,
and Sampson, LLP to collect delinquent taxes for the City
F. Authorize filing a statement of correction with the Tarrant County Clerk's Office correcting
errors made in a plat abandonment recorded in D214210746 and approve abandonment of a
portion of the Swiney Estates plat.
G. Approval of beer and wine sales at the Brickworks Festival
H. Approve Schedule of Investment Activity for quarter ending December 31, 2015
Motion To approve all Incidental Items on (Consent) agenda. Action Approve, Moved
By Charles Overstreet, Seconded By Liz Carrington.
Motion passed Unanimously
XIII. DECISION ITEMS
A. CASE # PZ 15 -13 Public hearing and consideration of approval of Ordinance No 587
regarding a request by Kennedale Economic Development Corporation for a zoning change
from "AG" Agricultural to "PD" Planned Development zoning district for single family residential
use for that approximately 8 -acre portion outside the floodplain of an approximately 15.6 acre
tract, belonging to Ethel Swiney and located in the David Strickland Survey A -1376, Tarrant
County, Texas. The property is mostly located east of the former Williamson Drive as shown on
the plat abandonment recorded in Tarrant County Clerk's instrument number D214210746.
Addresses include 1201, 1305, & 1307 Bowman Springs Rd.
1. Staff presentation
2. Applicant presentation
3. Public Hearing
4. Applicant response
5. Staff response and summary
6. Action by the City Council
City Planner, Rachel Roberts provided the staff presentation to approve Ordinance 587
regarding a request by the Economic Development Corporation (EDC) for a zoning change from
"AG" to "PD" for approximately 8 acres located in the David Strickland Survey. Rachel stated
that the property is currently zoned agricultural and is located across from the Southwest Nature
Preserve. Property Owner, Ethel Swiney would like to sell the property to the EDC; however, the
EDC is only interested in the floodplain area and are currently in partnership with the developer
for this rezoning case. This request applies only to the portion of the 15 -acres tract outside the
floodplain area.
Rachel added that the Planning and Zoning Commission (P &Z) considered this request in
November 2015, and asked the developer to make some changes to the proposed Ordinance
with clarification and additional controls. The developer implemented the requested changes
and brought the case back to P &Z in December 2015; whereas, additional changes have since
been made. The final proposed Ordinance is being presented tonight and the Planning and
Zoning Commission recommends approval.
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Rian Maguire and Ryan Hill with CHC Development provided the applicant's presentation. Mr.
Maguire presented a power point presentation with a brief summary of the proposed highlights
for the development. The development will consist of 35 lots with HOA and Architectural
Controls, along with fencing standards, landscaping requirements, and a HOA maintained park.
There was discussion by Council and staff concerning emergency access and the potential
builder. Rachel stated that currently the Fire Department is not concerned with access issues
and if anything changes in that regard, it can be addressed during the platting process.
Additionally, she informed the Council that a builder has not been selected at this point, which is
way P &Z required so many controls.
Public Hearing:
Mayor Johnson opened the public hearing; there was no one present requesting to speak.
Mayor Johnson closed the public hearing.
Motion To approve Ordinance 587 as written. Action Approve, Moved By Charles Overstreet,
Seconded By Kelly Turner.
Motion passed with a vote of 4 -1; with Frank Fernandez voting against approval.
B. CASE # PZ 15 -16 Public hearing and consideration of approval of Ordinance 588 regarding
a city- initiated rezoning from "C -2" General Commercial District to "AG" Agricultural District on a
29.43 acre lot located at 3925 Kennedale New Hope Rd., legal description of Joel Snider
Survey A1448 Tr 1A.
1. Staff presentation
2. Public hearing
3. Staff response and summary
4. Action by the City Council
City Planner, Rachel Roberts provided the staff presentation. She stated that this is the property
that was the former Cowtown Speedway which closed in 2012 and has been vacant ever since.
Last year Council directed staff to initiate rezoning the property from Commercial to AG. She
added that the future Land Use Plan shows this as Neighborhood which is intended to be
primarily residential. Because this area is in transition and there is a lot of opportunity for
development, staff does not want to assign a specific residential zoning district to this property at
this time. AG zoning is for places in transition, and will help the family who is currently there to
utilize the property for agricultural use and possible tax breaks until they decide what they are
going to do with the property.
The Planning and Zoning Commission consider this Ordinance at their December 2015 meeting
and held a Public Hearing in which one resident spoke in favor of approval. The Planning and
Zoning Commission and staff recommend approval.
Public Hearing:
Mayor Johnson opened the public hearing; there was no one present requesting to speak.
Mayor Johnson closed the public hearing.
Motion To approve Ordinance 588 regarding city- initiated rezoning at 3925 Kennedale New
Hope Road. Action Approve, Moved By Liz Carrington, Seconded By Charles Overstreet.
Motion passed Unanimously
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C. Present recommended rate schedule and approve Water and Sewer Rates Ordinance 589
effective for bills paid in March.
City Manager Bob Hart stated that the City appointed a Rate Committee to work on this project,
along with Consultant Carolyn Marshall and City Finance Director Krystal Crump. Bob noted
that Committee members Adrienne Kay and Carl Hall were in attendance.
Consultant Carolyn Marshall stated that the City's current position is based on the FY2016
adopted budget, which has a water revenue shortage of $893,046 and a sewer revenue
shortage of $1,045,543. The current structures in place depend heavily on volume rates
(variable /usage), which is 72% of revenues. Additionally, fixed costs are not being covered by
base rates, currently only 28% is being covered. Carolyn continued with a summary of how the
base rate and tier system works. She noted that weather and conservation rates impact the
amount of variable costs collect each month, which can result in less revenue received to cover
fixed costs.
Finance Director Krystal Crump reviewed the two options brought forward to Council for review,
noting that the Committee did not consider Option 1 to be feasible. She added that after much
discussion and review the Committee agreed to recommend approval for Option 2. Option 2
recommends an increase of the fixed water rates by approximately 50% and adds a fourth tier to
water volumes. It will increase the fixed sewer rates by 100% and adds an Industrial Class with
a volume rate of $4.90. Option 2 will generally decrease the volume rate for water and sewer.
There was a lengthy discussion regarding the proposed increases and the need to better
communicate what is going on in the City.
Motion To approve Option 2 of Ordinance 589 approving water and sewer
rates. Action Approve, Moved By Kelly Turner, Seconded By Charles Overstreet.
Motion passed with a vote of 4 -1; with Frank Fernandez voting against approval.
XIV. EXECUTIVE SESSION
Mayor Johnson recessed into executive session at 9:07 p.m.
A. 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. 5401 High Ridge Road
2. 5400 and 5404 Kennedale Road
B. The City Council may meet in closed session at any time during the work session or the
regular 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 the following items:
1. Floodplain amortization and remediation
2. Land use amortization (6727 Hudson Village Cemetery Road)
3. Municipal setting designation (MSD)
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4. Corp of Engineers Section 205 CAP land acquisition parameters
5. Eminent domain with environmental cleanup guidelines
XV. RECONVENE INTO OPEN SESSION, AND TAKE ACTION NECESSARY PURSUANT TO
EXECUTIVE SESSION, IF NEEDED
Mayor Johnson reconvened into open session at 9:36 p.m.
No action required.
XVI. ADJOURNMENT
Motion To adjourn the January 18, 2016 regular City Council meeting. Action Adjourn, Moved
By Liz Carrington, Seconded By Michael Walker.
Motion passed Unanimously
The meeting was adjourned at 9:37 p.m.
APPROVED:
7B — 04�--
B an Johnson, Mayor
ATTEST:
Leslie Galloway, City Secretary
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