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2013_11.05 CC MinutesKENNEDALE CITY COUNCIL MINUTES REGULAR MEETING November 5, 2013 CITY HALL COUNCIL CHAMBERS, 405 MUNICIPAL DRIVE I. CALL TO ORDER Mayor Pro -Tem Brian Johnson called the work session to order at 5:30PM. II. WORK SESSION A. Update from the Youth Advisory Council. Ashley Luu (Chair), Elias Noorzad (Vice- Chair), and Nadeya Patel (Historian) introduced themselves and gave a brief update on this year's Youth Advisory Council. The YAC invited Council to the November 12 Food Truck Tailgate event and asked Council for recommendations regarding the type of projects they should pursue this year. B. Governance discussion regarding e- cigarettes. Bob Hart noted that e- cigarettes had not become an issue for the city at this time, and that city code currently prohibits smoking in city buildings, which does not extend to the use of e- cigarettes. Mr. Hart also noted that this was a new issue and most cities have not yet adopted specific regulatory policies. Councilmember Fernandez noted that he was concerned with the possible secondary effects of the devices. Councilmembers Johnson and Turner noted that at this time they did not feel that there was sufficient evidence available to establish regulation on the issue, but that should such evidence become available they would be interested in revisiting the issue at that time. C. Discuss any other items on the agenda. Bob Hart noted that Councilmember Fernandez would be unavailable on January 9 th for the City Council meeting and asked that Council consider moving the meeting to January 16 Mayor Pro -Tem Johnson recessed into Executive session at 5:50PM, noting that both executive item sections would be discussed at that time (items III -A and XIV -A). III. EXECUTIVE SESSION A. The City Council will meet in closed 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 of any item posted on the agenda. 1. Discuss the use of tasers by Law Enforcement Officers. 405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817 -985 -2100 1 Fax: 817-478-7169 IV. RECONVENE INTO OPEN SESSION Mayor Pro -Tem Johnson reconvened into open session at 7:OOPM. V. REGULAR SESSION Mayor Pro -Tem Johnson called the regular session to order at 7 :04PM. VI. ROLL CALL Present:, Frank Fernandez, Brian Johnson, Charles Overstreet, Kelly Turner Absent: John Clark, Liz Carrington As Mayor John Clark was absent, Mayor Pro -Tem Brian Johnson presided over the meeting. VII. INVOCATION VIII. UNITED STATES PLEDGE IX. TEXAS PLEDGE X. VISITOR/CITIZENS FORUM No individuals signed up to speak. XI. REPORTS /ANNOUNCEMENTS A. Recognition of Magistrates. Mayor Pro -Tem Johnson noted that as the City had contracted jail services with the City of Mansfield, the city was no longer in need of volunteer magistrates. He presented certificates of appreciation to Ray Cowan, Sakura Moten- Dedrick, and Tiffany Penhallegon, thanking them for their volunteer service and time. B. Reports and updates from the Mayor. - Proclamation of Municipal Court Week, November 4 - 8, 2013 Mayor Pro -Tem Johnson read the proclamation aloud. - Upcoming events City Secretary Amethyst Cirmo noted the following events: • Keep Kennedale Beautiful Commission TownCenter Park butterfly garden workday on November 9 th at 9:OOAM. • Youth Advisory Council's Food Truck Tailgate would be held on November 12 from 4:30 to 7:30PM in TownCenter Plaza. • Tree Lighting Festival on December 3` at 5:30PM in TownCenter Park. C. Reports and updates from Councilmembers. Councilmember Overstreet noted that he, Mayor Pro -Tem Johnson, and City Manager Bob Hart would be attending the National League of Cities conference later in November. D. Reports and updates from the City Manager. No updates were given. Page 2of5 XII. CONSENT ITEMS A. Consider approval of minutes from October 1, 2013 meeting. B. Consider approval of meeting minutes from October 10, 2013 meeting. C. Consider authorizing the city manager to execute a contract with the City of Fort Worth for radio system access for 2013 -2014. D. Consider approval of a resolution declaring the City of Kennedale a hybrid entity for purposes of HIPAA and HITECH Acts E. Consider authorizing the Mayor to sign an Interlocal Agreement for administrative costs funding for Section 5310 program with the Fort Worth Transportation Authority. Motion To approve the consent agenda as presented. Action Approve, Moved By Charles Overstreet, Seconded By Frank Fernandez Motion Passed Unanimously XIII. REGULAR ITEMS A. Consider recommendations for Planning & Zoning Commission Chair and Vice -Chair for 2013- 2014. The Planning and Zoning Commission has recommended Ernest Harvey as Chair and Thomas Pirtle as Vice Chair. Motion To appoint Ernest Harvey as Chair and Thomas Pirtle as Vice Chair for the 2013 -2014 Planning & Zoning Commission. Action Approve, Moved By Charles Overstreet, Seconded By Frank Fernandez. Motion Passed Unanimously B. CASE # PZ 13 -05 to receive comments and consider approval on an ordinance amending Chapter 17, Article VI, "Zoning ", of the code of ordinances of the City of Kennedale, Texas, as amended, by establishing a new zoning district, "Employment Center District" and regulations for same, including regulations on permitted uses, building design, site design, landscaping, and signs. 1. Staff Presentation Rachel Roberts approached the Council, noting that the establishment of this new district was the first step toward implementation of both the Comprehensive Plan and form based codes. She noted that form based codes will allow the city to present more comprehensive and predictable building standards which set expectations for potential builders, allowing them to know what they would need to accomplish ahead of time in order to comply with the code. Bob Hart noted that the form based process will make Kennedale an attractive location for builders and businesses to pursue. The Planning and Zoning Commission held the appropriate public hearings and were recommending approval. 2. Public Hearing Mayor Pro -Tem Johnson opened the public hearing. No one signed up to speak and the hearing was closed. 3. Staff Response and Summary No staff response was necessary. Page 3of5 4. Action by the City Council Motion To approve # PZ 13 -05 and Ordinance 536 as presented. Action Approve, Moved By Frank Fernandez, Seconded By Kelly Turner. Motion Passed Unanimously C. CASE # PZ 13 -06 to receive comments and consider approval on a request by the City of Kennedale and the Kennedale Economic Development Corporation for a zoning change and ordinance adopting such change for 20 parcels totaling approximately 5 acres from "C -1" Restricted Commercial District to "EC" Employment Center District for properties located at 1101, 1103, 1105, 1107, 1109, 1111, 1113, 1115, 1117, 1119, 1121, & 1125 W Kennedale Pkwy, and 5409, 5413, 5417, 5421, 5429, 5433, & 5437 High Ridge Rd, with legal description of Oak Crest Addition Block 4 Lots 8, 9, 10A, 11A, 12A, 13A, 14- 18, 19A, 20 -26, Tarrant County, Texas. The property in question is owned by the City of Kennedale and the Kennedale Economic Development Corporation. 1. Staff Presentation Rachel Roberts approached the Council, noting that this will rezone the aforementioned properties according to the new Employment Center District "EC" that was adopted in the previous agenda item (item XIII -A). The Planning and Zoning Commission held the appropriate public hearings and recommend approval. 2. Public Hearing Mayor Pro -Tem Johnson opened the public hearing. No one signed up to speak and the hearing was closed. 3. Staff Response and Summary No response was necessary. 4. Action by the City Council Motion To approve # PZ 13 -06 and Ordinance 537 as presented. Action Approve, Moved By Charles Overstreet, Seconded By Kelly Turner. Motion Passed Unanimously D. Consider authorizing the City Manager to execute an Interlocal Agreement for shared library services. Bob Hart noted that this agreement would allow for shared library services between Kennedale, Arlington, and Mansfield. City Attorney noted that he is recommending several non - substantive changes to the agreement that are preferred but not essential. Motion To authorizing the City Manager to execute an Interlocal Agreement for shared library services as presented. Action Approve, Moved By Kelly Turner, Seconded By Charles Overstreet. Motion Passed Unanimously E. Consider approval of an Ordinance providing for the unappointment of prescribed magistrates Sakura Moten Dedrick and Tiffany Panhallegon -Oakes for the Kennedale Municipal Court. Motion To approve Ordinance 538 as presented. Action Approve, Moved By Kelly Turner, Seconded By Frank Fernandez. Motion Passed Unanimously Mayor Pro -Tem Johnson noted that both sections of Executive Session were held earlier and no further session was necessary. Page 4 of 5 XIV. EXECUTIVE SESSION A. The Kennedale City Council will meet in closed session pursuant to Section 551.087 of the Texas Government Code to deliberate the offer of a financial or other incentive to a business project with whom the city is conducting economic development negotiations. 1. Review and discuss incentives for Watson Glass. XV. RECONVENE INTO OPEN SESSION, AND TAKE ACTION NECESSARY PURSUANT TO EXECUTIVE SESSION, IF NEEDED No action pursuant to Executive Session was needed. XVI. ADJOURNMENT Motion To adjourn, Action Adjourn. Moved By Kelly Turner, Seconded By Charles Overstreet. Motion Passed Unanimously The meeting was adjourned at 7:30PM. J My John lark ATTEST: City Secretary, Aniethyst G. Sloane Page 5of5