2020_09.15 Minutes_CC_Regularx
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KENNEDALE CITY COUNCIL MINUTES
REGULAR MEETING VIA VIDEOCONFERENCE
SEPTEMBER 15, 2020 AT 5:30 PM
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I. CALL TO ORDER
Mayor Brian Johnson called the meeting to order at 5:31 p.m.
I1. EXECUTIVE SESSION
THIS ITEM WAS TAKEN OUT OF ORDER. THE COUNCIL RECESSED TO EXECUTIVE SESSION FOLLOWING THE
WORK SESSION, BUT BEFORE CALLING THE REGULAR SESSION TO ORDER.
A. PURSUANT TO §551.071 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
the agenda, legal issues regarding the Open Meetings Act, and the following:
1. Discussion with the City Attorney regarding salvage yards, including A&A Pickup & Van,
Inc., Apache, Abs 1 Auto Parts, and special exception/special use permits
2. Discussion with City Attorney regarding budget and tax rate
B. PURSUANT TO §551.072 Deliberation regarding the purchase, exchange, lease, or value
of real property:
1. 1001 W Kennedale Pkwy, Fort Worth, TX 76140
C. PURSUANT TO §551.074 Deliberate the appointment, employment, evaluation,
reassignment, duties, discipline, or dismissal of a public officer or employee; or to hear a
complaint or charge against an officer or employee; and the following:
1. Consideration of Municipal Judge and Alternate Judge appointments
III. WORK SESSION
A. WORK SESSION REPORTS
1. Discussion, if desired, of issues relating to the Coronavirus (COVID-19) emergency
There was no discussion at this time.
2 Continued discussion, if desired, regarding the City Manager's Proposed Fiscal Year
2020-2021 Annual Budget (Program of Services)
405 Municipal Drive, Kennedale, TX 76060 I Telephone: 817-985-2100 I Fax: 817-478-7169
There was brief discussion of the Tax Increment Reinvestment Zone (TIRZ) Fund, Code
Compliance in Bloxom Park, the Safe Routes to School (SRTS) Program, the TxDOT
bridge project on New Hope Road, fund balance, bond rating, tax rate legislation, staffing
vacancies, and Police Department accreditation and staffing. City Manager George
Campbell noted that the exhibit to the budget ordinance had been updated from what was
included in the packet.
B. REQUESTS FOR CLARIFICATION OF ITEMS LISTED ON THE AGENDA
There was some discussion of potential site plans for PZ Case #20-12. Councilmember
Rhodes noted that the Ordinance for PZ Case #20-11 incorrectly listed the existing
maximum number of stories on principal buildings Director of Planning and Economic
Development Melissa Dailey stated that staff would correct that chart.
Following the Work Session, the Council recessed to Executive Session from 6:10 p.m. to
6:25 p.m. Mayor Johnson offered a brief recess before calling the Regular Session to order.
IV. REGULAR SESSION
Mayor Johnson called the Regular Session to order at 6:30 p.m.
A. ROLL CALL
Participating via VideoConference: Mayor Brian Johnson; Josh Altom, Place 1; Chris Pugh, Place 2;
Mayor Pro Tem Lee, Place 3; Linda Rhodes, Place 4; Chad Wandel, Place 5; Absent: NONE. Staff
Participating via VideoConference: City Manager George Campbell, City Secretary and Communications Coordinator Leslie E
Galloway, City Attorney Drew Larkin, Finance Director Lakeita Sutton, Public Works Director Larry Hoover, Fire Chief James Brown,
Police Chief Tommy Williams, Library Director Amanda King, Director of Human Resources and Administrative Services Danielle
Clarke, Director of Planning and Economic Development Melissa Dailey
B INVOCATION AND PLEDGES OF ALLEGIANCE TO THE U.S. AND TEXAS FLAGS
The invocation and pledges were not carried out due to the meeting being held remotely.
C. VISITOR AND CITIZEN FORUM
There were no requests to speak at this time.
D REPORTS AND ANNOUNCEMENTS
1. Updates from the City Council
■ Linda Rhodes, Place 4, spoke of the importance of completing the Census.
■ Chad Wandel, Place 5, spoke of the importance of completing the Census.
• Mayor Pro Tem Sandra Lee, Place 3, thanked Corporal Nate Dancer and Chief
Tommy Williams for the social media campaign Dancer created.
■ Chris Pugh, Place 2, announced that he attended the 9/11 event in TownCenter
and spoke of the importance of preventing exposure to West Nile Virus.
• Josh Altom, Place 1, announced that he attended the 9/11 event in TownCenter
and spoke with developers.
2 Updates from the Mayor
Mayor Johnson had no updates at this time.
3. Updates from the City Manager
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CITY COUNCIL MINUTES I SEPTEMBER 15, 2020
City Manager George Campbell had no updates at this time.
4. Financial Reports for the City and the EDC
There was no discussion at this time.
E CONSENT AGENDA
1. Approval of the minutes from the August 11, 2020 special meeting
2. Approval of the minutes from the August 18, 2020 regular meeting
3. Approval of the minutes from the August 27, 2020 special meeting
4. Approval of the minutes from the September 8, 2020 special meeting
5. Appointment to the 2020-21 Youth Advisory Council (YAC)
6. Consider authorizing the City Manager to sign a one-year Interlocal Agreement (ILA) with
City of Fort Worth for rabies control services and the utilization of animal impoundment
and quarantine facilities
7. Consider Resolution 576, approving the Professional Services Agreement and the
Commercial Electricity Service Agreement with the Texas Coalition for Affordable Power
(TCAP) and authorize the City Manager to execute those agreements
8. Consider Resolution 577, approving a negotiated settlement between the Atmos Cities
Steering Committee ("ACSC") and Atmos Energy Corp., Mid -Tex Division regarding the
company's 2020 rate review mechanism (RRM) filing
Motion Approve. Action Approve the Consent Agenda, with Resolution 576 related to
item IV.E 7. being approved under the SHP (Strategic Hedging Program) pricing option,
Moved By Rhodes, Seconded By Wandel. Motion passed unanimously.
F. ITEMS FOR INDIVIDUAL CONSIDERATION
1. Discuss and consider Ordinance 710 of the City of Kennedale, Texas, adopting the
Budget for the Fiscal Year beginning October 1, 2020, and ending September 30, 2021
Joe Palmer (representing KABO) and Linda Miller spoke in opposition to this item.
Motion Approve. Action Approve — pending the amendments about the be discussed Ordinance 710 of the City of Kennedale, Texas, adopting the Budget for the Fiscal Year
beginning October 1, 2020, and ending September 30, 2021, Moved By Wandel,
Seconded By Pugh.
Councilmember Linda Rhodes briefly lost connection to the meeting at 6:55 p.m.
There was some discussion of staffing, hiring freezes, overtime vs. comp time, the EDC
and TIRZ Funds, and the timing of the budget and tax rate approval.
Motion Amend. Action Amend the motion on the floor to include the removal of one
police officer from the budget, Moved By Wandel, Seconded By Mayor Pro Tem Lee.
Motion fails 2-3, with Altom, Pugh, and Mayor Pro Tem Lee, voting against.
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CITY COUNCIL MINUTES I SEPTEMBER 15, 2020
Motion Amend. Action Amend the motion on the floor to cut the "Legal Services" line item
in the Mayor and Council budget by $20,000; and to reduce the number of budgeted Self
Contained Breathing Apparatuses (SCBA) in the Fire Department's budget from 6 to 4,
Moved By Wandel, Seconded By Pugh. Motion passes unanimously.
Motion Approve. Action Approve, including the amendments in the previous motion,
Ordinance 710 of the City of Kennedale, Texas, adopting the Budget for the Fiscal Year
beginning October 1, 2020, and ending September 30, 2021, Moved By Pugh, Seconded
By Altom. Motion passes unanimously (5-0), with Altom, Pugh, Mayor Pro Tem Lee,
Rhodes, and Wandel voting in favor.
2 Discuss and consider ratification of property tax increase reflected in FY2020 2021
Adopted Budget
Joe Palmer (representing KABO) spoke in opposition to this item.
Motion Approve. Action Approve ratification of property tax increase reflected in
FY2020-2021 Adopted Budget, Moved By Altom, Seconded By Pugh. Motion passes
4-1, with Altom, Pugh, Rhodes, and Wandel voting in favor; and Mayor Pro Tem Lee
voting against.
3. Discuss and consider approval of Ordinance 711, fixing and levying municipal Ad Valorem
Taxes for the City of Kennedale, Texas, for the Fiscal Year beginning October 1, 2020,
and ending September 30, 2021
Joe Palmer (representing KABO) spoke in opposition to this item.
Motion Approve. Action Approve Ordinance 711, with a corrected caption indicating
October 1 2020 through September 30, 2021, fixing and levying municipal Ad Valorem
Taxes for the City of Kennedale, Texas, for the Fiscal Year beginning October 1, 2020,
and ending September 30 2021, Moved By Altom, Seconded By Pugh. Motion passes
3-2, with Altom, Pugh, and Rhodes voting in favor; and Mayor Pro Tem Lee and Wandel
voting against.
4. Consider approval of Ordinance 698, appointing a Municipal Judge and Alternate Judges;
and authorizing the Mayor to sign contracts for each
Motion Approve. Action Approve Ordinance 698, appointing a Municipal Judge and
Alternate Judges; and authorizing the Mayor to sign contracts for each, Moved By
Wandel, Seconded By Mayor Pro Tem Lee. Motion passes unanimously.
5. As part of the Impact Fee Study, appoint a member to the Capital Improvements Advisory
Committee (CIAC) who resides within the City's Extraterritorial Jurisdiction (ETJ)
City Manager George Campbell noted that the Planning & Zoning (P&Z) Commission
serves as the CIAC, but that one member must also be appointed that lives within the
ETJ, but that staff did not yet have a recommendation. Mayor Johnson requested that the
Council provide recommendations to Campbell.
Motion Postpone. Action Postpone appointment of a member to the Capital
Improvements Advisory Committee (CIAC) who resides within the City's Extraterritorial
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CITY COUNCIL MINUTES I SEPTEMBER 15, 2020
Jurisdiction (ETJ), Moved By Mayor Pro Tem Lee, Seconded By Altom. Motion passes
unanimously.
G. PUBLIC HEARINGS
1. Case #PZ 20-08 Conduct a public hearing and consider Ordinance 712 regarding a
request by MMA, Inc. for a rezoning from "R2" Residential to "PD" Planned Development
for approximately 6 acres located at 3775 Kennedale New Hope Road, Robert C Richey
Survey, Abstract No 1327, Tract 2K and 2L, and 3771 Kennedale New Hope Road,
Robert C Richey Survey, Abstract 1359, Tract 1 D and 1 E, City of Kennedale, Tarrant
County, Texas
Director of Planning and Economic Development Melissa Dailey gave an overview of the
surrounding uses, current use of the land, requirements of the requested zoning, and the
property's designation in the future land use plan. Dailey noted that this land was in the
TIRZ and the request was for 50 garden homes with parking in the rear and the homes
facing inward to a greenspace. She added that staff recommended approval and that the
Planning and Zoning (P&Z) Commission also unanimously recommended approval. MMA
Chief Operating Officer Jacob Sumpter spoke regarding the proposed development's
target market, price points, and lot size.
Richard Weber spoke in opposition to this item.
Motion Approve. Action Approve Ordinance 712 regarding a request by MMA, Inc. for a
rezoning from "R2" Residential to "PD" Planned Development for approximately 6 acres
located at 3775 Kennedale New Hope Road, Robert C Richey Survey, Abstract No 1327,
Tract 2K and 2L, and 3771 Kennedale New Hope Road, Robert C Richey Survey,
Abstract 1359, Tract 1 D and 1 E, City of Kennedale, Tarrant County, Texas, Moved By
Altom, Seconded By Mayor Pro Tem Lee. Motion passes unanimously.
2 Case #PZ 20-09 Conduct a public hearing and consider Ordinance 713 regarding a
request by Gatehouse Capital for a rezoning from "R3" Residential to "PD" Planned
Development for approximately 6 acres located at 439 Mansfield Cardinal Road, Harris
Hills Estate, Block 1, Lot 1 R, City of Kennedale, Tarrant County, Texas
Director of Planning and Economic Development Melissa Dailey gave an overview of the
surrounding uses, current use of the land, requirements of the requested zoning, and the
property's designation in the future land use plan Dailey noted that staff recommended
approval, but that the Planning and Zoning (P&Z) Commission recommended denial with
a vote of 3-2 primarily due to concerns regarding the original plan to allow a portion of the
homes to be on wheels, which the developer had since agreed to remove from the
proposal. Shannon Arnold, a developer for the firm Kara Casa; Grant Warner of D2
Architecture/HKS; and Vice President of Ulrich Brian Seaman gave a presentation
regarding the proposed development and were available to answer questions.
Jeff Nevarez spoke in opposition of this item, requesting that it be sent back to P&Z for
second consideration following the plan changes. Nadia Guerra spoke in favor of the item.
There was some discussion of the ability to allow P&Z to hear the case a second time, the
site plan, price point, and the responsibilities of the HOA within this development.
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CITY COUNCIL MINUTES I SEPTEMBER 15, 2020
Motion Approve. Action Approve Ordinance 713 regarding a request by Gatehouse
Capital for a rezoning from "R3" Residential to "PD" Planned Development for
approximately 6 acres located at 439 Mansfield Cardinal Road, Harris Hills Estate, Block
1, Lot 1 R, City of Kennedale, Tarrant County, Texas, Moved By Pugh, Seconded By
Wandel. Motion passes unanimously.
Following this item, Mayor Johnson offered a brief recess from 9:10 to 9:15 p.m.
3. Case #PZ 20-10 Conduct a public hearing and consider Ordinance 714 amending
portions of the Unified Development Code of the City of Kennedale by Modifying Section
4.3, Table 4.3 Spatial Requirements: Old Town Districts of the Unified Development Code
to allow for a minimum of one story for the principle building
THIS ITEM WAS TAKEN OUT OF ORDER. IT WAS CONSIDERED IMMEDIATELY FOLLOWING ITEM
IV.G.5. (CASE #PZ 20-12), BUT BEFORE ITEM IV.G.4. (CASE #PZ 20-11).
Director of Planning and Economic Development Melissa Dailey gave an overview of the
proposed changes to the UDC, noting that it was unlikely that the market would meet the
current requirement for two-story development in this area. She added that staff
recommended approval and that the Planning and Zoning (P&Z) Commission also
unanimously recommended approval.
Motion Approve. Action Approve Ordinance 714 amending portions of the Unified
Development Code of the City of Kennedale by Modifying Section 4.3, Table 4.3 Spatial
Requirements: Old Town Districts of the Unified Development Code to allow for a
minimum of one story for the principle building, Moved By Wandel, Seconded By Altom.
Motion passes unanimously.
4. Case #PZ 20-11 Conduct a public hearing and consider Ordinance 715 amending
portions of the Unified Development Code of the City of Kennedale by Modifying Section
3.3, Table 3.3 Spatial Requirements: Agricultural and Residential Districts of the Unified
Development Code to allow for a minimum of 20 foot front setback for R-3 and R-4 zoning
districts
Director of Planning and Economic Development Melissa Dailey gave an overview of the
proposed changes to the UDC, noting that the BOA had heard multiple cases recently
regarding setbacks for backyard pools. She added that staff recommended approval and
that the Planning and Zoning (P&Z) Commission also unanimously recommended
approval.
BOA Chair Jeff Nevarez spoke in favor of this item.
City Attorney Drew Larkin reminded the Council that the table in the ordinance incorrectly
listed the currently adopted maximum stories of primary structures, but that the intention
was not to amend this requirement and that the ordinance would be corrected.
Motion Approve. Action Approve Ordinance 715 (with corrections to the principal building
maximum stories to reflect no change from the current requirements) amending portions
of the Unified Development Code of the City of Kennedale by Modifying Section 3.3, Table
3.3 Spatial Requirements: Agricultural and Residential Districts of the Unified
Development Code to allow for a minimum of 20 foot front setback for R-3 and R-4 zoning
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CITY COUNCIL MINUTES I SEPTEMBER 15, 2020
districts, Moved By Pugh, Seconded By Mayor Pro Tem Lee. Motion passes
unanimously.
5. Case #PZ 20-12 Conduct a public hearing and consider Ordinance 716 regarding a
request by Matthew and Tamiko Sargent for a rezoning from "AG" Agricultural to "NV"
Neighborhood Village for approximately 1 acre located at 900 E Kennedale Sublett Road,
LILLY, J M SURVEY Abstract 980 Tract 4A1 & A 985 TR 1 A1, City of Kennedale, Tarrant
County, Texas
THIS ITEM WAS TAKEN OUT OF ORDER. IT WAS CONSIDERED IMMEDIATELY FOLLOWING ITEM
1 V. G. 2. (CASE #PZ 20-09), BUT BEFORE ITEM I V. G. 3. (CASE #PZ 20-10) .
Director of Planning and Economic Development Melissa Dailey gave an overview of the
surrounding uses, current use of the land, requirements of the requested zoning, and the
property's designation in the future land use plan. Dailey noted that staff recommended
approval and that the Planning and Zoning (P&Z) Commission also unanimously
recommended approval. There was some discussion of the intended community center for
this site and parking.
Tamiko Sargent (applicant) and Jeff Nevarez spoke in favor of this item. Roy Boenig
spoke in opposition to the item.
Motion Approve. Action Approve Ordinance 716 regarding a request by Matthew and
Tamiko Sargent for a rezoning from "AG" Agricultural to "NV" Neighborhood Village for
approximately 1 acre located at 900 E Kennedale Sublett Road, LILLY, J M SURVEY
Abstract 980 Tract 4A1 & A 985 TR 1 A1, City of Kennedale, Tarrant County, Texas,
Moved By Mayor Pro Tem Lee, Seconded By Altom. Motion passes unanimously.
H. TAKE ACTION NECESSARY, PURSUANT TO EXECUTIVE SESSION, IF NEEDED
1. Take any action deemed necessary as a result of the Executive Session
There was neither discussion nor action at this time.
V. ADJOURNMENT
Motion Adjourn. Action Adjourn Moved By Wandel, Seconded By Altom. Motion passed
unanimously.
Mayor Johnson adjourned the meeting at 9:43 p.m.
APPROVED:
ATTEST:
BRIAN JOHNSQjV, MAYOR LESLIE E GALLOWAY, CITY SECRETARY
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CITY COUNCIL MINUTES I SEPTEMBER '15, 2020