2019_05.14 Meeting II CC Packet- Special
KENNEDALE CITY COUNCIL AGENDA
SPECIAL MEETING | MAY 14, 2019 AT 7:00 PM
CITY HALL COUNCIL CHAMBERS, 405 MUNICIPAL DRIVE
I. CALL TO ORDER
NOTE: Pursuant to Texas Government Code §551.071, 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.
II. ROLL CALL
III. REPORTS AND ANNOUNCEMENTS
In addition to any items listed below, the Mayor and Councilmembers may give or receive reports
regarding items of community interest, including, but not limited to, recognition of officials, citizens, staff,
or departments; information regarding holiday schedules; and upcoming or attended events.
A. Statements by incoming, returning, or continuing Councilmembers
B. Fire Department Badge Pinning Ceremony
IV. EXECUTIVE SESSION
Pursuant to Texas Government Code §551.071, the City Council may meet in Closed Session at any
time during this meeting for the purposes of 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 of any item posted on this agenda and/or legal
issues regarding the Open Meetings Act.
A. Discussion with the City Attorney regarding a damage claim submitted by Erin L. Jackson (1037
Swiney Hiett Road)
B. Discussion with the City Attorney regarding the terms of a potential termination of an agreement
with Global Water Fathom
C. Discussion with the City Attorney regarding settlement agreement between Ron Sturgeon, et al
and the City of Kennedale
D. Discussion with the City Attorney regarding salvage yard special exception/special use permits
E. Discussion with City Attorney regarding legal is sues associated with potential tax abatement,
Chapter 380 incentives, and EDC grants
Pursuant to §551.087 – (1) deliberation regarding commercial or financial information that the
governmental body has received from a business prospect that the governmen tal body seeks to
have locate, stay, or expand in or near the territory of the governmental body and with which the
governmental body is conducting economic development negotiations; or (2) to deliberate the
offer of a financial or other incentive to a business prospect described by Subdivision (1):
F. Potential tax abatement, Chapter 380 incentives, and EDC grant to relocating industrial business
prospect
V. DECISION ITEMS
A. Consider approval of Resolution 550, calling a runoff election for City Council Place 3
B. Case #PZ19-01: To conduct a public hearing and consider a request by Josiah Development, Inc.
for a rezoning from "C-1" Restricted Commercial to "NV" Neighborhood Village of approximately 2
acres at 917 Kennedale Sublett Road, Tract 5, J. M. Lilly Survey, Abstract 980
• Staff Presentation
• Applicant Presentation
• Public Hearing
• Applicant Response
• Staff Response and Summary
• Action by the City Council
VI. RECONVENE INTO OPEN SESSION, AND TAKE ACTION NECESSARY PURSUANT TO
EXECUTIVE SESSION, IF NEEDED
VII. ADJOURNMENT
CERTIFICATION
I DO HEREBY CERTIFY THAT THE MAY 14, 2019 KENNEDALE CITY COUNCIL AGENDA WAS POSTED INSIDE THE MAIN ENTRANCE
OF CITY HALL (405 MUNICIPAL DRIVE), IN A PLACE CONVENIENT AND READILY ACCESSIBLE TO THE GENERAL PUBLIC AT ALL
TIMES; AND THAT SAID AGENDA WAS POSTED AT LEAST SEVENTY-TWO (72) HOURS PRECEDING THE SCHEDULED TIME OF
SAID MEETING, IN ACCORDANCE WITH CHAPTER 551 OF THE TEXAS GOVERNMENT CODE.
_____________________________
LESLIE E. GALLOWAY, CITY SECRETARY
In compliance with the Americans with Disabilities Act (ADA), the City of Kennedale will provide for reasonable
accommodations for persons attending meetings. This facility is wheelchair accessible and accessible parking spaces
are available. Requests for sign interpreter services must be made forty-eight (48) hours prior to the meeting by
calling 817-985-2104 or (TTY) 1-800-735-2989.
STAFF REPORT
TO THE HONORABLE MAYOR AND CITY COUNCIL
Date: May 14, 2019
Agenda Item No: REPORTS AND ANNOUNCEMENTS - A.
I. Subject:
Statements by incoming, returning, or continuing Councilmembers
II. Originated by:
III. Summary:
At this time, any and all newly-elected, returning, or continuing Councilmembers may make statements regarding their
forthcoming time in office and/or offer a general introduction.
IV. Fiscal Impact Summary:
V. Legal Impact:
VI. Recommendation:
VII. Alternative Actions:
VIII. Attachments:
STAFF REPORT
TO THE HONORABLE MAYOR AND CITY COUNCIL
Date: May 14, 2019
Agenda Item No: REPORTS AND ANNOUNCEMENTS - B.
I. Subject:
Fire Department Badge Pinning Ceremony
II. Originated by:
Fire Chief James Brown
III. Summary:
At this time, Mayor Brian Johnson will swear in the following:
Morgan Cudd, Firefighter Paramedic
Chance Warren, Firefighter Paramedic
David Kelley, Firefighter Paramedic
IV. Fiscal Impact Summary:
V. Legal Impact:
VI. Recommendation:
VII. Alternative Actions:
VIII. Attachments:
STAFF REPORT
TO THE HONORABLE MAYOR AND CITY COUNCIL
Date: May 14, 2019
Agenda Item No: EXECUTIVE SESSION - A.
I. Subject:
Discussion with the City Attorney regarding a damage claim submitted by Erin L. Jackson (1037 Swiney Hiett Road)
II. Originated by:
III. Summary:
IV. Fiscal Impact Summary:
V. Legal Impact:
VI. Recommendation:
VII. Alternative Actions:
VIII. Attachments:
STAFF REPORT
TO THE HONORABLE MAYOR AND CITY COUNCIL
Date: May 14, 2019
Agenda Item No: EXECUTIVE SESSION - B.
I. Subject:
Discussion with the City Attorney regarding the terms of a potential termination of an agreement with Global Water
Fathom
II. Originated by:
III. Summary:
IV. Fiscal Impact Summary:
V. Legal Impact:
VI. Recommendation:
VII. Alternative Actions:
VIII. Attachments:
STAFF REPORT
TO THE HONORABLE MAYOR AND CITY COUNCIL
Date: May 14, 2019
Agenda Item No: EXECUTIVE SESSION - C.
I. Subject:
Discussion with the City Attorney regarding settlement agreement between Ron Sturgeon, et al and the City of
Kennedale
II. Originated by:
III. Summary:
IV. Fiscal Impact Summary:
V. Legal Impact:
VI. Recommendation:
VII. Alternative Actions:
VIII. Attachments:
STAFF REPORT
TO THE HONORABLE MAYOR AND CITY COUNCIL
Date: May 14, 2019
Agenda Item No: EXECUTIVE SESSION - D.
I. Subject:
Discussion with the City Attorney regarding salvage yard special exception/special use permits
II. Originated by:
III. Summary:
IV. Fiscal Impact Summary:
V. Legal Impact:
VI. Recommendation:
VII. Alternative Actions:
VIII. Attachments:
STAFF REPORT
TO THE HONORABLE MAYOR AND CITY COUNCIL
Date: May 14, 2019
Agenda Item No: EXECUTIVE SESSION - E.
I. Subject:
Discussion with City Attorney regarding legal issues associated with potential tax abatement, Chapter 380 incentives,
and EDC grants
II. Originated by:
III. Summary:
IV. Fiscal Impact Summary:
V. Legal Impact:
VI. Recommendation:
VII. Alternative Actions:
VIII. Attachments:
STAFF REPORT
TO THE HONORABLE MAYOR AND CITY COUNCIL
Date: May 14, 2019
Agenda Item No: EXECUTIVE SESSION - F.
I. Subject:
Potential tax abatement, Chapter 380 incentives, and EDC grant to relocating industrial business prospect
II. Originated by:
III. Summary:
IV. Fiscal Impact Summary:
V. Legal Impact:
VI. Recommendation:
VII. Alternative Actions:
VIII. Attachments:
STAFF REPORT
TO THE HONORABLE MAYOR AND CITY COUNCIL
Date: May 14, 2019
Agenda Item No: DECISION ITEMS - A.
I. Subject:
Consider approval of Resolution 550, calling a runoff election for City Council Place 3
II. Originated by:
Leslie E. Galloway, City Secretary & Communications Coordinator
III. Summary:
The attached Resolution 550 would provide for a runoff election on Saturday, June 8, to decide the winner of Place 3
from the May 4, 2019 election.
Voting dates and times are as follows:
EARLY VOTING
Monday, May 27: Closed (Memorial Day Holiday)
Tuesday, May 28 – Friday, May 31: 8:00 a.m. – 5:00 p.m.
Saturday, June 1: 7:00 a.m. – 7:00 p.m.
Sunday, June 2 : 11:00 a.m. – 4:00 p.m.
Monday, June 3 – Tuesday, June 4: 7:00 a.m. – 7:00 p.m.
ELECTION DAY
Saturday, June 8: 7:00 a.m. – 7:00 p.m.
IV. Fiscal Impact Summary:
V. Legal Impact:
VI. Recommendation:
Approve
VII. Alternative Actions:
VIII. Attachments:
1.R550 Calling Runoff Election 2019_TOASE R550 Calling Runoff Election 2019_TOASE.pdf
Page 1 of 3
R550 CITY OF KENNEDALE, TX 2019
RESOLUTION NO. 550
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
KENNEDALE, TEXAS, ORDERING A RUNOFF ELECTION FOR THE
OFFICE OF CITY COUNCIL PLACE 3 TO BE HELD ON JUNE 8, 2019;
ESTABLISHING PROCEDURES FOR THE RUNOFF ELECTION; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Kennedale, Texas, (the “City”) is a home rule city acting
under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas
Constitution and Chapter 9 of the Local Government Code; and
WHEREAS, the City held a general election on May 4, 2019 at which no
candidate for City Council Place 3 received a majority of votes, requiring a runoff
election to be held on June 8, 2019; and
WHEREAS, the Mayor has issued to the City Secretary, a certification of the
names of the candidates to be placed on the general election runoff ballot pursuant to
Texas Election Code section 2.027; and
WHEREAS, the runoff election will be held as a join t election with both Tarrant
County conducted under the authority of Chapter 271 of the Texas Election Code; and
WHEREAS, it is the intention of the City Council to designate polling places for
the runoff election and to appoint the necessary election officers to establish and set
forth procedures for conducting the runoff election.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF KENNEDALE, TEXAS:
SECTION 1. ELECTION ORDER FOR RUNOFF ELECTION.
At the general election held on May 4, 2019, no candidate for the office of City
Council Place 3 received a majority of votes, requiring a runoff election to be held.
Pursuant to the Texas Election Code, the City Council hereby orders that a runoff
election to fill the place of City Council Place 3 shall be held in the City of Kennedale
(“runoff election”) on June 8, 2019, to be held in conjunction with the Tarrant County
Elections Administrator in accordance with the contract with Tarrant County for joint
election services (the “Joint Election Agreement”) previously entered into as authorized
by the City Council.
SECTION 2. POLLING PLACE.
The polling place for the runoff election shall be as follows:
Kennedale Community Center
Page 2 of 3
R550 CITY OF KENNEDALE, TX 2019
316 W. 3rd Street
Kennedale, Texas 76060
Other polling places may be provided as provided in the Joint Election Agreement or by
the Tarrant County Election Administrator. The polls shall be open from 7:00 a.m. to
7:00 p.m. on June 8, 2019, in accordance with and pursuant to the requirements of the
Texas Election Code.
SECTION 3. EARLY VOTING.
a. Early voting by personal appearance. Early voting by personal appearance
shall be conducted beginning May 28, 2019, and continue through June 4, 2019, at the
Kennedale Community Center, 316 W. 3rd Street, Kennedale, Texas 76060 at the
following times:
TUESDAY, MAY 28, 2019 8:00 A.M. – 5:00 P.M.
WEDNESDAY, MAY 29, 2019 8:00 A.M. – 5:00 P.M.
THURSDAY, MAY 30, 2019 8:00 A.M. – 5:00 P.M.
FRIDAY, MAY 31, 2019 8:00 A.M. – 5:00 P.M.
SATURDAY, JUNE 1, 2019 7:00 A.M. – 7:00 P.M.
SUNDAY, JUNE 2, 2019 11:00 A.M. – 4:00 P.M.
MONDAY, JUNE 3, 2019 7:00 A.M. – 7:00 P.M.
TUESDAY, JUNE 4, 2019 7:00 A.M. – 7:00 P.M.
Branch offices for early voting by personal appearance shall also be establishe d as
outlined in the Joint Election Agreement with Tarrant County.
b. Early voting by mail. Heider Garcia, the Tarrant County Elections Administrator,
or his successor, acting pursuant to Texas Government Code §601.002 (“Election
Administrator”), is hereby designated as Early Voting Clerk for the election. Applications
for early voting by mail may be delivered not later than the close of business on May 28,
2019 to the Election Administrator in any of the following ways: via mail to Early Voting
Clerk, P.O. Box 961011, Fort Worth, Texas 76161-0011; via fax to 817-850-2344; or via
email to votebymail@tarrantcounty.com. If an Application for Ballot by Mail is submitted
by fax or e‐mail the original application must also be mailed and received by the Early
Voting Clerk no later than the 4th business day after receipt of the faxed or e ‐mailed
copy.
SECTION 4. NOTICE AND PUBLICATION
Notice shall be posted on the bulletin board used for posting notices of the
meetings of the City Council at least fifteen (15) days before the runoff election. Notice
shall be published in the newspaper in accordance with state law.
SECTION 5. ELECTION OFFICIALS.
The Presiding Election Judge and Alternate Presiding Judge shall be appointed
by Tarrant County as authorized by Chapter 271 of the Election Code.
Page 3 of 3
R550 CITY OF KENNEDALE, TX 2019
SECTION 6. METHOD OF VOTING.
The voting systems are being provided by Tarrant County under the terms of th e
Joint Election Agreement. All expenditures necessary for the conduct of the election, the
purchase of materials therefore, and the employment of all election officials are hereby
authorized, and shall be conducted in accordance with the Texas Elections Code.
SECTION 7. NECESSARY ACTIONS.
The Mayor and the City Secretary, in consultation with the City Attorney, are
authorized and directed to take all actions necessary to comply with the provisions of
the Texas Election Code, the City Charter, and the City Code in carrying out and
conducting the runoff election, whether nor not expressly authorized herein.
SECTION 8. EFFECTIVE DATE.
This resolution shall be effective upon its adoption by the City Council.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF KENNEDALE
ON THE 14th DAY OF MAY, 2019.
APPROVED:
______________________________ MAYOR BRIAN JOHNSON [ C I T Y S E A L
ATTEST:
______________________________
CITY SECRETARY LESLIE E. GALLOWAY
APPROVED AS TO FORM AND LEGALITY:
______________________________
CITY ATTORNEY DREW LARKIN
STAFF REPORT
TO THE HONORABLE MAYOR AND CITY COUNCIL
Date: May 14, 2019
Agenda Item No: DECISION ITEMS - B.
I. Subject:
Case #PZ19-01: To conduct a public hearing and consider a request by Josiah Development, Inc. for a rezoning from
"C-1" Restricted Commercial to "NV" Neighborhood Village of approximately 2 acres at 917 Kennedale Sublett Road,
Tract 5, J. M. Lilly Survey, Abstract 980
• Staff Presentation
• Applicant Presentation
• Public Hearing
• Applicant Response
• Staff Response and Summary
• Action by the City Council
II. Originated by:
Melissa Dailey, Director of Planning & Economic Development
III. Summary:
BACKGROUND AND OVERVIEW
Request Rezone from “C-1” Restricted Commercial to “NV” Neighborhood Village
Applicant Josiah Development, Inc.
Location 917 Kennedale Sublett Road
Surrounding Uses Single family, gas well, vacant land
Surrounding Zoning C1, AG, R2
Future Land Use Plan Designation Neighborhood Village
Staff Recommendation Approve
CURRENT STATUS OF PROPERTY
The property is currently vacant land.
SURROUNDING PROPERTIES & NEIGHBORHOOD
The property fronts Little School Road, an arterial thoroughfare that defines the city boundaries in this area for
Kennedale and Arlington, and Kennedale Sublett Road. Both Little School and Kennedale Sublett are considered
boulevards in the Future Transportation Plan. Surrounding properties are primarily single family residential and a gas
well. A church is located one block north.
STAFF REVIEW
FUTURE LAND USE PLAN
The Future Land Use Plan indicates this property as Neighborhood Village (NV). The NV District is established to
provide an area with a mix of uses to fulfill the daily needs of residents within a short walking distance of the
surrounding neighborhoods.
RELATED GOALS FROM THE COMPREHENSIVE PLAN
The comprehensive plan goal related to this rezoning request falls under:
Principle #1 – Connected City: Supporting a Walkable Built Environment. As land development creates the
demand to travel, ensure that it reduces the need to drive by provide ample direct connections for
pedestrians, bicycles and transit.
Principle #2 – Economic Prosperity: Promote access to housing. Providing housing options for people of
varying financial means and residential preferences. Provide the regulatory framework and developer support
to provide quality housing for residents. Create job opportunities in Kennedale that help stabilize the local tax
base and allow residents to work close to home.
Principle #3 – Thriving Community: Create vibrant centers. Promote social integration and economic activity
through the development of different scale centers throughout the community.
CITY COUNCIL ENDS STATEMENTS AND GOALS
Kennedale has excellent neighborhoods and a wide range of home options.
Business uses are compatible with residential areas.
Well planned community based on principles of a connected city, economic prosperity, and a thriving
community.
SUMMARY
The developer making the rezoning request anticipates building a small commercial structure at the corner of Little
Road and Kennedale Sublett, a use that is appropriate for this intersection. Adjacent to the commercial building to the
east would be 14 homes marketed to seniors that would be located on smaller lots and maintained by an HOA.
The commercial and residential uses would be walkable and connected with tree lined sidewalks. The residential area
would include a large gathering area in the center for residents. This relatively low-density mixed use development is
appropriate for this location and serves as a good transitional use, transitioning to other single family uses.
City staff considers the rezoning in compliance with the comprehensive land use plan and an appropriate use for this
site. This development would be required to meet the site plan and architectural standards for Neighborhood Villages,
creating a quality, walkable, mixed-use development in Kennedale.
STAFF RECOMMENDATION
Based on the above analysis, staff recommends approval of the rezoning. The Planning & Zoning Commission voted
unanimously to approve this application for rezoning at their regular meeting on March 21, 2019.
Sample Motion of Approval: Based on the information presented, I find that the request meets city requirements and is
in compliance with the comprehensive land use plan and make a motion to approve the request for rezoning.
IV. Fiscal Impact Summary:
V. Legal Impact:
VI. Recommendation:
Approve
VII. Alternative Actions:
Sample Motion of Approval with Conditions: Based on the information presented, I find that the request meets city
requirements and is in compliance with the comprehensive land use plan and make a motion to approve the request
for rezoning with the following conditions .
Sample Motion of Denial: Based on the information presented, I find that the proposed use does not meet and make
a motion to deny the request.
VIII. Attachments:
1.P&Z Packet attachments3.21.19 P&Z Packet attachments3.21.19.pdf
2.917 Kennedale Sublett 917 Kennedale Sublett.pdf
917 Kennedale Sublett
917 Kennedale Sublett
917 Kennedale Sublett
917 Kennedale Sublett