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2015_04.20 CC MinutesKENNEDALE CITY COUNCIL MINUTES REGULAR MEETING April 20, 2015 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 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. A. Joint Work Session with Planning and Zoning Board Planning and Zoning Commission Present: Carolyn Williamson, Harry Browne, Stephen Brim, Thomas Pirtle, Ernest Harvey, Donald Rawe, Billy Gilley Absent: None City Council met jointly with the Planning and Zoning Commission to discuss future planning projects and issues of concern. Items discussed included the Senior Housing Project, Downtown Village, the Development Code Updates, and development along Kennedale Parkway. It was agreed that Council and the Planning and Zoning Commission would jointly meet again in September /October 2015. B. Discussion of items on regular agenda Rachel Roberts provided a review of the Comprehensive Zoning Code and Subdivision Regulations update, stating that staff is recommending LSL Planning to provide services for the city code updates. Rachel added that the scope of work would include a diagnostic of our existing code. Additionally, Staff is recommending that a Development Code Advisory Committee be created to participate in the code updates. Rachel Roberts informed the group that the Consultants for the Downtown Village submitted a "Draft" code to Planning and Zoning, noting that consideration of the code has been postponed in lieu of 405 Municipal Drive, I<enneciale, TX 76060 1 Telephone: 817 -985 -2100 1 Fax: 817-478-7169 suggested changes made by the Planning and Zoning Commission. Bob Hart provided an update on the Senior Housing project, stating that staff is working to get them into our tax reinvestment zone. He added that the project would have 137 units, which is equivalent of 56 homes under the TIRZ financing plan, and the investment would add approximately $14.5 million to the taxable rolls in the TIRZ. Bob Hart informed Council that some very preliminary discussions with TxDot have taken place concerning access issues on Kennedale Parkway. He stated that he has met with the District Engineer about eliminating the continuous left turn lanes and putting in medians. He added that it seems like a favorable environment for the project. Bob Hart reminded Council that the ICMA International Fellows would be here on May 2, 2015 and that staff with hold a reception in their honor to welcome them on May 4, 2015 at 5:30 pm. Work session recessed at 6:29 p.m. III. REGULAR SESSION Mayor Johnson opened the regular session at 7:03 p.m. IV. ROLL CALL Present: Frank Fernandez, Brian Johnson , Kelly Turner, Liz Carrington, Charles Overstreet, Michael Walker Absent: None V. 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. Ernest Harvey, 604 Oak Leaf Drive, Kennedale spoke in favor of Council's decision to implement a citywide recycling program. 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. Page 2 of 7 A. Updates from City Council Frank Fernandez stated that the Police Department did a great job on Saturday night at the Brickworks Festival dealing with all the inclement weather. B. Updates from the Mayor 1. Proclamation presentation in recognition of Autism Awareness Month 2. Proclamation presentation in recognition of the Kennedale High School Lady Kats Soccer Team — Class 4A State Champion Title Mayor Johnson commended the Brickworks Committee for their work on the Festival. He noted that Bob Hart finished first in his age group in the 5K Run; and Kelly Turner finished second in the pie eating contest. Mayor Johnson read aloud a proclamation in recognition of Autism Awareness Month. Mayor Johnson read aloud a proclamation presented to the Kennedale High School Lady Kats Soccer Team in recognition of the Team's Class 4A State Champion Title. Mayor Johnson and Councilman Kelly presented each player a proclamation certificate. C. Updates from the City Manager 1. Receive and review the 2014 year -end report of the City Marshal Department's Use of Force /Racial Profiling 2. City Marshal and Municipal Court results from the annual "Great Texas Warrant Round -Up" 3. Governance Report - Balanced Scorecard - Executive Limitations Report City Manager Bob Hart informed Council that this would be Finance Director Sakura Moten- Dedrick's last meeting, stating that she has accepted a position with the City of Keller. Additionally, he stated that the City Marshall was unable to attend and he would review the Use of Force /Racial Profiling and the Great Texas Warrant Round -Up items with Council. Bob stated that each year, the City Marshal's Office is required to submit an annual racial profile report to the City Council. Because it is not the policy of this agency to make traffic stops in the routine performance of the Marshal's official duties, a full exemption report is being submitted to the Texas Commission on Law Enforcement for 2014. The submitted report by the Marshal's Office is purely for Councils information and reference only. Bob stated that the Great Texas Warrant Round -Up was held February 20 through March 15. He noted that while the city did in fact generate more revenue for 2015, it retained approximately $7,000 less for the City compared to this same time last year. This variance is based on the manner in which each ticket's revenue is allocated. Page 3 of 7 Bob noted that the Balanced Scorecard and Executive Limitations Reports were attached for Council's review. Bob provided some highlights from the Brickworks Festival noting that approximately 6,000 people came through the gates for the festival, with 70 participants in the 5K run. A total of five (5) scholarships were given to Kennedale students in the Arts, an increase from last year. He added that due to the storm on Saturday night, forty vendor booths were damaged, however, twenty vendors have already signed up for next year. He concluded stating that Kelly Cooper did a fabulous job with the festival this year. X. CONSENT ITEMS All matters listed under consent agenda 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. Mayor Brian Johnson stated that all matters listed under the consent agenda have been previously discussed. A. Consider approval of minutes from March 16, 2015 regular meeting B. Consider action regarding a notice from the Public Utility Commission (PUC) of Texas for a Consumer Price Index (CPI) adjustment to municipal telecommunications right -of -way access line rates. Motion To approve consent agenda. Action Approve, Moved By Kelly Turner, Seconded By Charles Overstreet. Motion passed Unanimously XI. REGULAR ITEMS A. Case # PZ 15 -03 Public hearing and consideration of approval of Ordinance 569 regarding a city - initiated request for a zoning change from "C -2" General Commercial district to "OT" Old Town district for approximately 1.15 acres at 400 North Rd, legal description of Jacob Prickett Survey A -1225 Tract 3A. 1. Staff Presentation 2. Public Hearing 3. Staff Response & Summary 4. Action by the City Council 1. Staff presentation by Rachel Roberts who explained that this request is to rezone property located in the Old Town zoning district, located at 400 North Road. She stated that staff is requesting the change from "C -2" to "OT ". She added that a change to the Old Town zoning would be the best fit for the future land use plan. 2. Public Hearing Mayor Johnson opened the public hearing; Don Kemp, 528 W. Third Street spoke in favor of the proposed zoning change. Page 4 of 7 Mayor Johnson closed the public hearing. 3. Staff response and summary Staff recommends approval of the request to rezone Old Town from C -2 to OT. 4. Action by the City Council Motion To approve Case # PZ 15 -03. Action Approve, Moved By Frank Fernandez, Seconded By Kelly Turner. Motion passed Unanimously B. CASE # PZ 15 -04 Public hearing and consideration of Ordinance 570 approval regarding a city- initiated request for a zoning change for 23.8 acres from "MH" Manufactured Home district to "C -2" General Commercial district at 7205 Hudson Village Creek Rd, legal description of Wade H Hudson Survey A -716 Tract 2. 1. Staff presentation 2. Public hearing 3. Staff response and summary 4. Action by the City Council 1. Staff Presentation made by City Planner Rachel Roberts who reviewed the purposed zoning change for 7205 Hudson Village Creek Road; stating that to the west of the property is a manufactured home area and to the east is an industrial area. Rachel noted that it is designated as neighborhood on the future land use plan; however, the City would like to add a buffer between the industrial area and the neighborhood area; adding that the C -2 zoning would best serve as the transition and support the TIRZ district which is pointed out in the static plan. 2. Public Hearing Mayor Johnson opened the public hearing; There were no speakers. Mayor Johnson closed the public hearing. 3. Staff Summary and Recommendation Rachel stated that this is not expected to have an adverse impact on the surrounding properties and the Planning and Zoning Commission recommends the approval. 4. Action by the City Council Motion To approve Case # PZ 15 -04. Action Approve, Moved By Charles Overstreet, Seconded By Liz Carrington. Motion passed Unanimously C. Consider the selection of LSL Planning to provide the Comprehensive Zoning Code and Subdivision Regulations Update, and authorize the City Manager to execute a contract in an amount not to exceed Page 6 of 7 $140,000 Rachel Roberts provided a review of the Comprehensive Zoning Code and Subdivision Regulations updates, stating that staff had four responses to their request for proposals. Staff looked closely at two firms, SJR Planning and LSL Planning; with LSL raising to the top. Staff is recommending LSL Planning to provide services for the City Code Updates; all their references have been checked. Motion Approve a contract with LSL Planning to provide the Comprehensive Zoning Code and Subdivision Regulation Updates. Action Approve, Moved By Kelly Turner, Seconded By Liz Carrington. Motion passed Unanimously D. Discuss and approve calendar for FY2015 -2016 budget preparations. Finance Director Sakura Moten - Dedrick reviewed the FY2015 -16 budget calendar with City Council and requested approval. Motion To approve the FY2015 -16 calendar for budget preparations. Action Approve, Moved By Charles Overstreet, Seconded By Kelly Turner. Motion passed Unanimously XII. EXECUTIVE SESSION Mayor Johnson recessed into the first of two Executive Sessions at 6:36 p.m. City Planner, Rachel Roberts and Planning and Zoning Commission Chairperson Ernest Harvey were in attendance for the first Executive Session. Mayor Johnson reconvened into open session at 6:59 p.m. A. 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. Amortization Status 2. Development Agreement Status 3. Economic Development Agreement for 1298 W. Kennedale Parkway 4. Plat Filing Mayor Johnson recessed into the Second Executive Session at 7:50 p.m. B. The City Council will meet in closed session pursuant to Section 551.072 of the Texas Government Code to deliberate the purchase, lease, or value of real property Page 6 of 7 1. Land acquisition at 780 W. Kennedale Parkway and 1001 E. Kennedale Parkway C. The City Council will meet in closed session pursuant to Section 551.074 of the Texas Government Code to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee. 1. City Manager's Annual Evaluation Item C in Executive Session was moved forward to the May 18, 2015 Regular City Council Meeting. XIII. RECONVENE INTO OPEN SESSION, AND TAKE ACTION NECESSARY PURSUANT TO EXECUTIVE SESSION, IF NEEDED Mayor Johnson reconvened into open session at 8:26 p.m. No Action Required. XIV. ADJOURNMENT Motion To adjourn. Action meeting adjourned, Moved By Liz Carrington, Seconded By Kelly Turner. Motion passed Unanimously The meeting was adjourned at 8:28 p.m. APPROVED: I rxt"f ,= Brian Johnson, ayor ATTEST: Leslie Galloway, City Secretary`' ,%111111111l Page 7 of 7