2019_06.20 Minutes_CC_RegularKENNEDALE
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KENNEDALE CITY COUNCIL MINUTES
REGULAR MEETING I JUNE 20, 2019
CITY HALL COUNCIL CHAMBERS, 405 MUNICIPAL DRIVE
WORK SESSION AT 5:30 PM I REGULAR SESSION AT 7:00 PM
I. CALL TO ORDER
Mayor Brian Johnson called the Work Session to order at 5:31 p.m.
II. WORK SESSION
A. Discussion of policy regarding residential outdoor storage
Director of Planning & Economic Development Melissa Dailey stated that there were currently no
residential outdoor storage requirements in the code and presented potential regulations that
would allow residents to store items and personalize their properties while also addressing safety
issues and hazards, improving aesthetics, and defining materials that are prohibited from being
stored outdoors. Dailey discussed exempt items, non-exempt items, and items that were allowed
in specific areas or behind screening only. Following a brief discussion of how staff is currently
addressing outdoor storage, mosquito harboring considerations, and screening requirements, the
general consensus among Council was for staff to continue working on an ordinance to address
residential outdoor storage.
B. Discussion of policy regarding short-term rentals
Director of Planning & Economic Development Melissa Dailey discussed proposed regulations for
short-term rentals, including permitting and certificate of occupancy (CO) inspections, notification
and distance requirements, occupancy limits, parking, collection of Hotel Occupancy Tax (HOT),
and several uses or actions that could be expressly prohibited. Following some discussion of the
possible uses of HOT revenue, verification options regarding HOT submittals, the importance of
stringent fire and safety inspections, how enforcement would be handled outside of regular
business hours, and the process for identifying non-compliance the general consensus among
Council was for staff to continue working on an ordinance to address short-term rentals.
C. Discussion of items on the regular agenda
There was no discussion at this time.
Mayor Johnson recessed to Executive Session at 5:59 p.m.
III. REGULAR SESSION
Mayor Brian Johnson called the Regular Session to order at 7:00 p.m.
IV. ROLL CALL
Present: Mayor Brian Johnson; Mayor Pro Tem Sandra Lee, Place 3; Josh Altom, Place 1;
Chris Pugh, Place 2; Linda Rhodes, Place 4; Chad Wandel, Place 5; Absent: NONE.
Staff: City Manager George Campbell, Administrative Assistant Rosie Ericson, City Attorneys George
Staples and Drew Larkin, Interim Finance Director Debby Scott, Director of Planning & Economic
Development Melissa Dailey, Public Works Director Larry Hoover, Library Director Amanda King, Police
Chief Tommy Williams
V. INVOCATION
Laurie Sanders offered the invocation.
405 Municipal Drive, Kennedale, TX 76060 I Telephone: 817-985-2100 I Fax: 817-478-7169
VI. UNITED STATES PLEDGE AND TEXAS PLEDGE
VII. VISITOR AND CITIZEN FORUM
■ Sarah Johnson Cotton, 700 Crestview Drive, spoke on behalf of Senior Outreach — Kennedale
regarding coordination with Sixty & Better and the YMCA including the Silver Sneakers
membership that benefits Kennedale and that second Thursdays would be Kennedale Senior
Day at the YMCA swim exercise class; and announced that she was working with Mayor Pro
Tem Lee and volunteers to remodel the Senior Center with paint donated by Sherwin Williams.
■ Raymond Rhodes, 321 W Broadway, thanked Council and staff for their kindness following his
recent accident; and for their work for the City.
■ Bruce McCoy, 1025 Oak Hill Park, asked Council to pay particular attention to existing deed
restrictions and the regulation of the storage of RVs, campers, and boats during their
discussions regarding outdoor storage.
■ Jeff Nevarez, 338 Spring Branch Lane, spoke to Council regarding economic development
including reviewing the process for approving new businesses, their compliance with codes, and
signage; and looking at the property at the corner of Bowman Springs and the Parkway for short-
term food truck or vendor rental space.
VIII. REPORTS AND ANNOUNCEMENTS
A. Updates from the City Council
■ Chad Wandel, Place 5, announced that he and Councilmember Pugh attended the
Mayors' Council of Tarrant County meeting where legislative updates were discussed;
and noted potential funding opportunities though the Tarrant County Homeless Coalition.
■ Linda Rhodes, Place 4, stated that she appreciated the two-day retreat and budget
presentations by staff that gave a clearer picture of the needs within each department.
■ Mayor Pro Tem Lee, Place 3, announced that she attended the Senior Outreach —
Kennedale meeting and thanked Sarah Cotton for her work; stated that volunteers would
be needed to paint the Senior Center; thanked Larry Hoover for the Public Works
department's quick response time; and stated her appreciation for the budget workshop.
■ Chris Pugh, Place 2, announced that there were many changes happening at the state
level that would affect Cities; and that he followed up with Chief Brown following the two-
day retreat to tour the Fire Station and would like to do the same with Chief Williams.
■ Josh Altom, Place 1, announced that he attended the NCTCOG General Assembly,
where the City of Kennedale was awarded the Regional Cooperation award and thanked
the previous Council and City Manager George Campbell; and that he attended the
Kennedale Rotary Club luncheon.
B. Updates from the City Manager
THIS ITEM WAS TAKEN OUT OF ORDER; IMMEDIATELY FOLLOWING VIII.C. UPDATES FROM THE MAYOR.
City Manager George Campbell announced that Lakeita Sutton was recently appointed as
Director of Finance and Information Technology, with an expected start date of July 8; that staff
was in ongoing negotiations with Global Water Fathom to shift water billing customer service to
the City of Arlington; thanked Council for their time and input during the two-day retreat regarding
goals and objectives; reminded Council that the proposed budget was currently scheduled to be
presented on Monday, August 5; noted that one recent legislative change would be addressed on
this agenda, but that there were hundreds of bills affecting Cities considered during this legislative
session and that staff would continue researching other items that might need attention; that TAD
is reporting steady property valuations; and that corrections had been made to the ordinances for
items XII.B. and XII. F. and that any motion should reference these updated versions.
C. Updates from the Mayor
THIS ITEM WAS TAKEN OUT OF ORDER; IMMEDIATELY FOLLOWING VIII.A. UPDATES FROM THE CITY COUNCIL.
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CITY COUNCIL MINUTES I JUNE 20, 2019
Mayor Johnson stated that the City receiving the North Central Texas Council of Governments
(NCTCOG) Regional Cooperation award was quite an honor, as it was a competition among 16
counties, and thanked City Manager George Campbell and former Finance Director Brady Olsen;
announced that he attended the Southeast Tarrant Transportation Partnership (SETTP) meeting
where there was an update on Drive Al (artificial intelligence); that construction was slated to
begin in 2021 on the widening of Sublett Road; that he had spoken at the Reagan Republican
Women's Club in Mansfield regarding upcoming legislative considerations; that he would speak at
the Fort Worth Rotary Club regarding future transportation; and that he just returned from Los
Angeles where he was working on a project for disability inclusion.
IX. INCIDENTAL ITEMS
X. MONITORING INFORMATION
A. Monthly Financials for May 2019
There was no discussion at this time.
B. KEDC Financial Report for April 2019
There was no discussion at this time.
XI. REQUIRED APPROVAL ITEMS (CONSENT)
A. Consider approval of the minutes from the May 21, 2019 Regular Meeting
B. Consider approval of the minutes from the May 31, 2019 Special Meeting
C. Consider approval of the minutes from the June 1, 2019 Special Meeting
Motion To Approve. Action Approve the Consent Agenda. Moved By Wandel. Seconded By
Mayor Pro Tem Lee. Motion passes unanimously.
XII. DECISION ITEMS
A. Consider appointment of a Mayor Pro Tem
Councilmember Rhodes nominated Sandra Lee to continue as Mayor Pro Tem.
Motion To Approve. Action Approve appointment of Sandra Lee as Mayor Pro Tem. Moved By
Rhodes. Seconded By Altom. Motion passes unanimously.
B. Consider approval of Ordinance 661, increasing the membership of the Youth Advisory Council
(YAC) from 15 to 25 places
Motion To Approve. Action Approve the corrected version of Ordinance 661 as presented to the
Council tonight, increasing the membership of the Youth Advisory Council (YAC) from 15 to 25
places. Moved By Mayor Pro Tem Lee. Seconded By Wandel. Motion passes unanimously.
C. Hold a Public Hearing and consider approval of Ordinance 662, designating a tax abatement
reinvestment zone for approximately 13.55 acres of land, known as Lot 1A2, Block 1 of the Harris
Corporation Addition, City of Kennedale, Texas, and generally located at Linda Road and Gail
Drive
• Staff Presentation
Director of Planning & Economic Development Melissa Dailey stated that designation of a
reinvestment zone was required by the State before offering incentives, and that the boundary of
that zone was simply the site that Compressed Air would occupy, but that there was not an
assigned address at this time.
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CITY COUNCIL MINUTES I JUNE 20, 2019
City Manager George Campbell noted that this item was related to XII.D. and XII.E.
• Public Hearing
Mayor Johnson opened the public hearing. There were no requests to speak. Mayor Brian
Johnson closed the public hearing.
• Staff Response and Summary
There was no additional discussion.
• Action by the City Council
Motion To Approve. Action Approve Ordinance 662, designating a tax abatement reinvestment
zone for approximately 13.55 acres of land, known as Lot 1A2, Block 1 of the Harris Corporation
Addition, City of Kennedale, Texas, and generally located at Linda Road and Gail Drive. Moved
By Pugh. Seconded By Mayor Pro Tem Lee. Motion passes unanimously.
D. Consider authorizing the City Manager to enter into a Tax Abatement and Chapter 380 Agreement
with Compressed Air Systems, L.L.C.
Motion To Approve. Action Approve authorizing the City Manager to negotiate the finalization of
a Tax Abatement and Chapter 380 Agreement with Compressed Air Systems, L.L.C., provided
that there are no significant changes to the agreement as presented. Moved By Rhodes.
Seconded By Wandel. Motion passes unanimously.
E. Consider authorizing the EDC President to enter into an Economic Development and
Performance Agreement with Compressed Air Systems, L.L.C.
Motion To Approve. Action Approve authorizing the EDC President to enter into an Economic
Development and Performance Agreement with Compressed Air Systems, L.L.C., by authorizing
the City Manager to negotiate finalization of said agreement, provided that there are no significant
changes to the agreement as presented. Moved By Rhodes. Seconded By Pugh. Motion
passes unanimously.
F. Consider approval of Ordinance 663, amending the Kennedale Municipal Code, by amending
Exhibit A "Schedule of Fees" of Section 2-3, "Fees for licenses, inspections, permits, etc." to
provide for a residential building permit fee based on square footage
Director of Planning & Economic Development Melissa Dailey stated that this amendment to the
schedule of fees was in direct response to the passing of H.B. 852 during the recent legislative
session. The bill prohibits the calculation of permitting fees based on certain valuations.
Historically, the City has calculated based on valuation, but under this Ordinance, new residential
construction permit fees would now be calculated based on square footage.
City Manager George Campbell noted that this Ordinance is only meant to bring the City into
compliance with this new legislation, but that other fee schedule amendments might be
recommended in August or September as a part of the budget process.
Motion To Approve. Action Approve the corrected version of Ordinance 663 as presented to the
Council tonight, amending the Kennedale Municipal Code, by amending Exhibit A "Schedule of
Fees" of Section 2-3, "Fees for licenses, inspections, permits, etc." to provide for a residential
building permit fee based on square footage. Moved By Wandel. Seconded By Mayor Pro Tem
Lee. Motion passes unanimously.
G. Consider approval of Ordinance 664, amending Chapter 3 — "Animals" of the Kennedale Municipal
Code to add regulations regarding the keeping of certain fowl, livestock, and potbellied pigs within
the City
Director of Planning & Economic Development Melissa Dailey stated that the purpose of this
ordinance was to expand the ability to own and maintain animals within the City — specifically that
farm animals would now be allowed on residential properties that are one (1) acre or larger
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CITY COUNCIL MINUTES I JUNE 20. 2019
(regardless of zoning); that pot-bellied pigs and hens could be kept on lots of any size; and that
the number of livestock and fowl that may be kept would depend upon the size of the property.
In response to a question by Councilmember Rhodes, City Attorney Drew Larkin stated that,
because there was a penalty clause, that it would be best to publish the Ordinance and that the
effective date would follow that publication; but that the wording of the Ordinance would suffice as
it is now. Councilmember Rhodes also noted that she was a part of the focus group in the process
of drafting this Ordinance, and had been in favor of allowing animals on lots as small as one-half
acre, while also giving the City more enforcement options. She urged staff to be generous with the
grace period to ensure that residents had adequate time to comply with the Ordinance.
Motion To Approve. Action Approve Ordinance 664, amending Chapter 3 — "Animals" of the
Kennedale Municipal Code to add regulations regarding the keeping of certain fowl, livestock, and
potbellied pigs within the City. Moved By Altom. Seconded By Pugh. Motion passes 4-0-1, with
Rhodes abstaining.
THE COUNCIL DID NOT CONVENE INTO EXECUTIVE SESSION AT THIS TIME. THERE WAS AN EXECUTIVE SESSION
HELD IMMEDIATELY FOLLOWING THE WORK SESSION, BUT BEFORE THE REGULAR SESSION.
XIII. EXECUTIVE SESSION
A. Discussion with the City Attorney regarding settlement agreement between Ron Sturgeon, et
al and the City of Kennedale
B. Discussion with the City Attorney regarding salvage yard special exception/special use permits
C. Discussion with City Attorney regarding Public Information Act, including requests for City
Attorney invoices
D. Discussion with City Attorney regarding legal issues associated with Economic Development and
Performance Agreement, Tax Abatement, and Chapter 380 Agreement with Compressed Air
Systems for project located at Harris Corporation Addition, Block 1 Lot 1A2 (Linda Road)
E. Economic Development and Performance Agreement, Tax Abatement, and Chapter 380
Agreement with Compressed Air Systems for project located at Harris Corporation Addition, Block
1 Lot 1A2 (Linda Road)
XIV. RECONVENE INTO OPEN SESSION, AND TAKE ACTION NECESSARY PURSUANT TO
EXECUTIVE SESSION, IF NEEDED
Motion To Approve. Action Approve authorizing the City Manager to offer a settlement agreement to
Ron Sturgeon and to execute that agreement. Moved By Altom. Seconded By Pugh. Motion passes
unanimously.
XV. ADJOURNMENT
Motion To Adjourn. Action Adjourn, Moved By Rhodes. Seconded By Wandel. Motion passes
unanimously.
Mayor Johnson adjourned the meeting at 7:58 p.m.
APPROVED:
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ATTEST:
LESLIE E. GALLOWAY, CITY SECRETARY -
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CITY COUNCIL MINUTES I JUNE 20, 2019