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2016_11.21 CC Minutes-) KENNEDALE You're Here, Your Home www.cityofkennedale.com KENNEDALE CITY COUNCIL MINUTES REGULAR MEETING November 21, 2016 CITY HALL COUNCIL CHAMBERS, 406 MUNICIPAL DRIVE WORK SESSION - 6:30 PM REGULAR SESSION - 7:00 PM CALL TO ORDER Mayor Johnson called the meeting to order at 5:34 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 anv time durin_g 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. Discuss the fall /winter City Council scheduled meeting dates City Manager Bob Hart stated that at the previous meeting there were discussions on what to do regarding the Council meetings scheduled on city holidays in January and February. He added that we will need to have a short meeting in December; however in January and February, we can move the meeting up a week or back a week to accommodate for Martin Luther King Day and President's Day. Mayor Johnson stated that staff does not get a lot of holidays, so we should not ask them to come in on their days off. He added that raises have been limited, and he feels that if there are other things we can do to make up for that, we should. Staff provided three options for Council consideration. Bob Hart stated that since we are having the December meeting, Option 2 would be an easy change. Council agreed to go with Option 2, rescheduling the January and February meetings to January 23 and February 27 B. Discuss Communication Plan Mayor Brian Johnson led a discussion on a future communication plan and provided a handout. He stated that there are ways to improve the city's communication efforts. You measure priorities by how many resources you put into them and we are not putting enough resources into communications. He stated that we are behind the curve for videoing our meetings and uploading them to the public; adding that other cities provide live Facebook Town Hall meetings and Government 101 training. He feels this would cut down on the misinformation within the community; noting that our biggest challenge is revenue. Mayor Johnson provided each Council member the opportunity to provide their thoughts on this issue. He suggested that the City look at hiring a full or part time (or contract out) a Public Information Officer (PIO). 405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817- 985 -2100 1 Fax: 817- 478 -7169 Councilman Overstreet stated that rather than looking at a full -time person right off the bat, he thinks we should look at a consultant first. Councilman Walker thinks we should also look at a part time person, in addition to the consultant. Councilman Fernandez believes that a consultant will just tell us to hire an individual or a firm. Councilwoman Carrington stated that it's always better to be proactive than reactive. The Mayor stated that he would like to form a Committee to look at a PIO position, and to see what it would involve. He suggested the Committee consist of staff members and a couple of council members. He added that he would like to move quickly on forming the committee. Bob Hart suggests that at the December 19th meeting we put one or two items on the agenda, and deal with just this issue. Mayor Johnson stated that Council will need to have a recommendation at the December meeting. C. Discuss participation in a Health Insurance Consortium Director of Human Resources Kelly Cooper stated that she and Bob Hart met with some Mid - City cities to talk about health insurance; the focus was to put together a coalition to provide buying power. Kelly added that they would like to start with a feasibility study; as the cities are all different sizes and have different types of insurance. She informed Council that five cities participated in the discussions and the study is estimated to cost $30,000, making the cost to Kennedale $6,000. Mike Walker questioned if the study would happen next year. Kelly Cooper replied that it would probably be October 2018 before it would come to fruition. There were extended discussions on the cost of insurance and the possible benefits of a coalition. The Council agreed to participate in the feasibility study. D. Discussion of items on regular agenda No items were discussed at this time. III. EXECUTIVE SESSION Mayor Johnson recessed into executive session at 6:10 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 legal issues regarding litigation, settlement offers, and /or claims regarding the following matters: 1. Keith Kidwill vs The City of Kennedale, Texas The City Council will meet in closed session pursuant to Section 551.072 of the Texas Government Code to deliberate the purchase, exchange, lease, or value of real property for the following: 1. 108 New Hope Road 2. 821 Corry A. Edwards Drive 3. New Hope Road Bridge Right -of -Way 4. 6727 Hudson Village Creek Road Page 2 of 8 5. Oak Crest Drive Right -of -Way 6. 532 Trent Street 7. 503 Kennedale Parkway 8. 6705 Oak Crest Drive IV. RECONVENE INTO OPEN SESSION, AND TAKE ACTION NECESSARY PURSUANT TO EXECUTIVE SESSION, IF NEEDED Mayor Johnson reconvened into open session at 6:59 p.m. No action required. V. REGULAR SESSION Mayor Johnson opened the regular session at 7:02 p.m. VI. INVOCATION Pastor Greg Adams from Covenant Life Baptist Church provided the invocation. VII. ROLL CALL Present: Frank Fernandez, Brian Johnson , Kelly Turner, Liz Carrington, Charles Overstreet, Michael Walker Absent: None VIII. UNITED STATES PLEDGE AND TEXAS PLEDGE "Honor the Texas Flag; I Pledge Allegiance to Thee, Texas, One State under God; One and Indivisible." IX. VISITOR/CITIZENS FORUM At this time, any person with business before the City Council not scheduled on the Agenda may speak to the Council, provided that an official `Speaker's Request Form' has been completed and submitted to the City Secretary prior to the start of the meeting. All comments must be directed towards the Mayor and Council, rather than individual council members or staff. All speakers must limit their comments to the subject matter as listed on the `Speaker's Request Form.' No formal action or discussion can be taken on these items. Terry Clements, 102 Oak Ridge Trail stated that he sent an email to the councilmembers regarding the condition of the fence at the Peachtree Apartments on Sublett Road. He added that he dealt with Code Enforcement on the same issue about fifteen years ago. He said that the fence is in bad shape again and he feels it is a danger to the kids who play in the parking lot. Mr. Clements informed Council that he talked with Code Enforcement about a month ago and has not yet heard back on the matter. He is requesting Council to address this issue. Ralph Shelton, 1308 Canterbury Court did not speak, but was in favor of PZ Case # 16 -14. X. 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. A. Updates from City Council Liz Carrington informed the group that she attended a meeting at the Arlington Sub - Courthouse as part of the JPS Steering Committee; they discussed how to care for the County's indigent. The Committee is trying to help steer the hospital in the anticipated growth of the Dallas -Fort Worth area. Page 3 of 8 Kelly Turner stated that this past weekend he was active in the NCTCOG mock scenario emergency preparedness project (the "Big X "). There were more than 300 individuals participated in mock scenarios across forty locations within the Dallas -Fort Worth area. He added that these scenarios' better prepares cities to work together in case of an emergency situation. He noted that the next step is to fund equipment, in the upcoming budget year, where shortfalls were found. Mike Walker stated that the Angel Tree project is coming up and is sponsored by the Rotary Club, the Kennedale School District, and the Fire Department. Additionally, he stated that the Rotary Club appreciated the help of the Fire Department getting the flags out for holidays. Charles Overstreet informed the group that he had attended the National League of Cities Conference in Pittsburgh, Pennsylvania with some very productive meetings and good information. B. Updates from the Mayor Mayor Johnson stated that he attended Tarrant Regional Transportation Coalition (TRTC) meeting, where he was appointed the Vice -Chair position. He attended the Southeast Tarrant Transportation Partnership (SETTP) meeting, along with City Manager Bob Hart, Economic Development Corporation board member Rebecca Carlton, and Jack Thompson from the Kennedale Chamber. There was a roundtable discussion regarding the future funding for transportation projects. He also attended the NLC Conference in Pittsburg. C. Updates from the City Manager • TCEQ Stormwater Inspection Report • Parks and Recreation Board (Deaver and Chandler) • Texas Parks and Wildlife Dept. — Fishery Division City Manager Bob Hart informed the Council that the city had their initial inspection for the stormwater utility system, and there were no violations. He added that the Parks and Recreation Board met earlier this month and re- elected David Deaver as Board Chair and Mike Chandler as Vice - Chair. Additionally, he stated that they have been working with the Texas Department of Parks and Wildlife in regard to stocking the pond at Sonora Park on a regular basis; and they are being considered as an experimental site for a hatchery. Keep Kennedale Beautiful City Liaison Kelly Cooper reported on the Bring It event. She stated 90 vehicles came through for the crud cruiser and 34 for the shredder; more than 100 tires were collected; 1.3 tons of brush and other trash was collected; and 6 boxes of prescription drugs were turned in. Communications Coordinator and City Secretary Leslie Galloway reminded everyone of the annual Christmas tree lighting at TownCenter Park on December 6th, from 5:30 to 8:00 p.m. XI. MONITORING INFORMATION A. Executive Limitations B. Ends Review - Balanced Scorecard C. Monthly Financials - October 2016 Monitoring information updates are in the agenda packet for review. XII. REQUIRED APPROVAL ITEMS (CONSENT) All matters listed under incidental items (consent) have been previously discussed, require little or Page 4of8 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. A. Consider approval of minutes from October 17, 2016 regular meeting B. Approve Schedule of Investment Activity for quarter ending September 30, 2016 C. Consider authorizing the Mayor to execute an Interlocal Agreement with Tarrant County for assistance with ditch maintenance along Dick Price Road and the replacement of a culvert at 5th Street and Kenney Street D. Consider authorizing the Mayor to sign an Interlocal Agreement with the Fort Worth Transportation Authority for Administrative Cost Funding for Section 5310 Program (from 2024 to 2026) E. Consider extending the Development Agreement with HM Real Estate Management, Ltd. and Cynthia McMillan for two years Motion To approve all required approval Items on (Consent) agenda. Action Approve, Moved By Kelly Turner, Seconded By Liz Carrington. Motion passed Unanimously XIII. DECISION ITEMS A. CASE # PZ 16 -12 Consider approval of Ordinance No. 609 regarding a request by Joe Boston, Jr for SOS Renovations, LLC for a zoning change from "AG" Agricultural to "R -3" Single- family residential for approximately 1.5 acres in the W E Haltom Survey A -731 and described in a deed recorded as D213282537 in the Tarrant County deed records and located at 1115 Border Ln. 1. Staff presentation 2. Applicant presentation 3. Public hearing 4. Applicant response 5. Staff response and summary 6. Action by the City Council City Planner Rachel Roberts provided the staff presentation stating that this property is located to one side of the high school and all of the zoning districts surrounding this property are for single family residential use: R -1, R -2, and R -3 single family residential, as well as Agricultural. Rachel added that staff recommends splitting the rezoning to R -2 on existing house lot, and the remaining one acre would be zoned R -3. The Planning and Zoning Commission likes the idea of splitting the zoning, but recommended. R -1 and R -2; however, this lot would be nonconforming to R -1. Staff recommends R -2 and R -3. Joe Boston with SOS Renovations provided the applicant's presentation stating that he has owned the property for three years and would like to improve the area. He intends create four lots within the one acre portion of the property. He noted that there is a residence on the existing half acre lot and he would like it to be R -2, and the acre lot to be R -3. Public Hearing: Mayor Johnson opened the public hearing; there was no one present requesting to speak. Mayor Johnson closed the public hearing. Joe Boston from SOS Renovations was available for questions from Council. There were discussions concerning how the ordinance would be modified, the location and size of the lots, Page 5 of 8 and the setback requirements. Motion To approve Ordinance 609 with changes subdividing the half acre to R -2 and the remaining acre to R -3. Action Approve, Moved By Charles Overstreet, Seconded By Liz Carrington. Motion passed Unanimously B. CASE # PZ 16 -13 Public hearing and consideration of Ordinance 617 approval regarding a request by John K. Dancer for change in zoning from R -3 (single family residential) to C -2 (general commercial) for .688 acres at 700 Mansfield Cardinal Rd, legal description of CA Boaz subdivision of JB Renfro, block 13, lots 4 -7, Kennedale, Tarrant County, Texas. 1. Staff presentation 2. Applicant presentation 3. Public hearing 4. Applicant response 5. Staff response and summary 6. Action by the City Council City Planner Rachel Roberts provided the staff presentation stating that the property is actually off of Meadowview and the surrounding land uses are primarily residential and commercial. She noted that there are seven lots, which were platted in 1960; however, only four are being requested for rezoning. The Planning & Zoning Commission considered this case during their October meeting and held a public hearing during which one resident expressed concern about the request, because the owner does not maintain the property. The owner then addressed the Commission and explained why he hadn't been maintaining the property. The applicant spoke on behalf of his client, P U Tech Spoiler, that the property would be maintained and developed by his client. The resident has no issues as long as the applicant will maintain the property. The Planning and Zoning Commission voted to recommend approval. Staff also recommends approval of the zoning change. John Dancer, 2000 Dancer Drive Arlington, Texas provided the applicant's presentation stating that this will be nothing but cleanup, fencing and landscape, just as it was when he built it several years ago. He added that they are only looking to expand their business. Public Hearing: Mayor Johnson opened the public hearing; there was no one present requesting to speak. Mayor Johnson closed the public hearing. Motion To approve Ordinance 617 for a change in zoning from R -3 to C -2. Action Approve, Moved By Liz Carrington, Seconded By Charles Overstreet. Motion passed Unanimously C. CASE # PZ 16 -14 Public hearing and consideration of a request by Joyce Stanton for re- platting of 1399 J R Hawkins Rd., legal description of Falcon Wood Estates Section One, Block 1, Lot 17, Kennedale, Tarrant County, Texas. The replat would create Lots 17R -A and 17 R -B. 1. Staff presentation 2. Applicant presentation 3. Public hearing 4. Applicant response 5. Staff response and summary 6. Action by the City Council Page 6 of 8 City Planner Rachel Roberts provided the staff presentation stating that the property is a 9 -acre property in Falcon Wood Estates. It was originally platted as flood plain and draining; however, it was also designed to leave room for one (1) one -acre pad site for a house outside of the drainage easement and floodplain. Rachel added that an amended plat was approved earlier this year to amend the boundaries of the floodplain drainage easement. Prior to approving the amended plat, the city required the applicant to submit a new floodplain study, which was reviewed by the City's engineers, and they are comfortable recommending approval. Ralph Shelton, 1308 Canterbury Court Arlington, Texas represented the applicant. He informed Council that David Ward own the property behind the 3.4 acre lot and is interested in purchasing it, and the additional 5 -acre lot will be put up for sale. Additionally, he noted that they with the HOA to establish restrictions. Public Hearing: Mayor Johnson opened the public hearing; there was no one present requesting to speak. Mayor Johnson closed the public hearing. Motion To approve a re -plat of Falcon Wood Estates Section One, Block 1, Lot 17. Action Approve, Moved By Liz Carrington, Seconded By Charles Overstreet. Motion passed Unanimously D. CASE # PZ 16 -15 Public hearing and consideration of a request by the Kennedale Economic Development Corporation for re- platting of Block 5, Lots 1 -6 and 12 -16, Oak Crest Addition, Kennedale, Tarrant County, Texas. The re -plat would create Lots 1 R & 6R, Block 5. 1. Staff presentation 2. Public hearing 3. Staff response and summary 4. Action by the City Council City Planner Rachel Roberts provided the staff presentation stating that the Economic Development Corporation purchased and cleared this property as part of KEDC's economic development program. The next step in their redevelopment efforts for this area is to create one large lot, to facilitate selling and developing the property. The property is currently vacant and the KEDC does not intend to develop it. Public Hearing: Mayor Johnson opened the public hearing; there was no one present requesting to speak. Mayor Johnson closed the public hearing. Motion To approve the re -plat of Block 5, Lots 1 -6 and 12 -16 of the Oak Crest Addition. Action Approve, Moved By Frank Fernandez, Seconded By Kelly Turner. Motion passed Unanimously E. Consider approval of Ordinance 618 removing the Statute Maximum for TMRS contributions Director of Human Resources Kelly Cooper stated that this item is a request to address the statute maximum for TMRS contributions. She informed Council that when the City joined the Texas Municipal Retirement System (TMRS), this maximum was part of the adoption; however, we have been in the program for quite a while and are at 13.49 %. In January the percentage will increase to 14.47% and this is what has been budgeted for the FY 16 -17 budget. Staff is requesting that Council approve the release of the maximum, so we can reduce benefits to stay under that statute maximum. There were lengthy discussions concerning the TMRS system itself and the climbing rates to fund it. Councilman Fernandez stated that he would like to see other options in the future. Page 7 of 8 Motion To approve Ordinance 618 removing the Statute Maximum for TMRS contributions. Action Approve, Moved By Kelly Turner, Seconded By Charles Overstreet. Motion passed Unanimously F. Consider Resolution 502 adopting an amended City of Kennedale Internal Controls & Cash Handling Policy City Manager Bob Hart stated that this item was deferred from last month's agenda. Staff is requesting a modification to the Cash Handling Policy. The change would allow the city, on a case -by -case basis, to require cashiers to repay shortages to their cash drawer. Bob reminded Council that the issue was raised if it was permissible under the FLSA. He stated that if you take the employee's salary, and require reimbursement, the remaining pay must be equal or greater than minimum wage. Staff does not see this as being an issue here. Councilman Fernandez asked if the City could be legally challenged on this. City Attorney Wayne Olsen stated that with his research the only legal issues the city could have is the FLSA issues. He added that you have to pay all employees minimum wage; therefore, if someone was at exactly minimum wage and the city required repayment, they would fall below minimum wage and this would be a violation. Another issue is with salaried employees who make $47,500+ annually (exempt status), the city cannot require those employees to repay shortages. He added that beyond that, it's a council decision. Motion To approve amended Internal Controls and Cash Handling Policy. Action Approve, Moved By Liz Carrington, Seconded By Charles Overstreet. Motion passed Unanimously G. City Council to consider reappointing Harry Browne to the Planning and Zoning Commission (Place 5) and appointing Chris Fuller to the Utility and Infrastructure Board (Place 7) City Manager Bob Hart stated that this is a follow -up from the last council meeting. Chris Fuller has since completed the process for appointment to the Utility Infrastructure Board; and Harry Browne's name was accidentally omitted from the list for reappointment to the Planning and Zoning Commission. Motion To reappoint Harry Browne to P &Z, and appoint Chris Fuller to the UIB. Action Approve, Moved By Kelly Turner, Seconded By Charles Overstreet. Motion passed Unanimously XIV. ADJOURNMENT Motion To adjourn. Action Adjourn, Moved By Kelly Turner, Seconded By Liz Carrington. Motion passed Unanimously The meeting was adjourned at 7:55 p.m. ATTEST: 6awt .&J&- tary Leslie Galloway, City Secre Page 8 of 8 APPROVED: