2016_12.19 CC Minutes)
KENNEDALE
You're Here, Your Home
w Atyofkennedalexom KENNEDALE CITY COUNCIL
MINUTES
REGULAR MEETING
December 19, 2016
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 5:28 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. Discuss Strategic Plan
City Manager Bob Hart stated that in the budget, one of the established priorities was to redo
the strategic plan; adding that the last plan was completed in 2009, called "Imagine Kennedale
2015." He stated that the new plan would extend out to the year 2025. Staff has been talking
with Shai Roos and Brian Guenzel from SJR Planning in regard to facilitating the process. Bob
added that when we did the last plan, we had a good start, broke off into committees, but
participation dwindled. This time, we would like to change the process a bit and hopefully, it will
help us with participation and move the process along.
Brian Guenzel from SJR Planning stated that with a strategic plan, we ask where the community
wants to go; how do we get there; and how do we know when we get there? He added that
public engagement is the heart of the plan. We want to make sure to engage cross sections of
the community, because we want their ideas on creating the plan and executing it. He
continued, stating that there are three phases to the plan. First is the research phase, where
SJR Planning reviews previous plans, community snapshot (economic & demographic
information), and identifies future trends. This leads us into the public engagement phase of the
plan, where we will do two key events: a strategic foresight laboratory and a design thinking
focus group. This will all lead to the deliverable: Vision for Kennedale 2025 and Strategic Plan.
Mr. Guenzel concluded with an overview of the principles and design- thinking process to be
used for the Kennedale plan, along with a timeline and delivery dates.
B. Discuss Texas Raceway operations
City Manager Bob Hart informed Council that we have had some informal discussion with Texas
Raceway regarding a request to allow them to continue to race one day per month until
405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817 -985 -2100 1 Fax: 817 - 478 -7169
Kennedale Speedway Park closes. He reminded Council that at their last meeting, a two -year
extension to the developer agreement was approved. He adds that if Council is amenable to this
change, staff would come back at the January meeting with an amendment to the agreement.
Mayor Johnson stated that he doesn't have any problem with the once a month change, but he
would like feedback from the rest of Council. Kelly Turner stated that he does not have a
problem with the change and feels it encourages goodwill, even though things haven't moved as
quickly as we had hoped. Liz Carrington was in agreement. Charles Overstreet agreed that one
day a month would not affect us either way. Mike Walker also agreed. There was no comment
from Frank Fernandez.
Bob Hart stated that he would get with City Attorney Wayne Olson to amend the agreement and
have it ready at the January meeting.
C. Discuss purposed mixed use development
City Manager Bob Hart stated that last spring; there was some discussion about a mixed use
development at Sublett Road and Kennedale Parkway. At that time, the developers asked for a
Resolution of Support, but it was tabled by Council. Many of the concerns were addressed
through the Unified Development Code (UDC), and staff wanted to bring this back to show the
adaptations made and to see if Council was interested in proceeding with this issue. If we are to
proceed, it would be added to the January /February council meeting.
City Planner Rachel Roberts added that we now have on the books, in the UDC, this area in
question, designated as an Urban Village; it is not zoned yet, however, that is the direction it
would go, should a rezoning occur. She stated that OM Housing will provide an updated
presentation tonight; based on the work they have done since the adoption of the UDC.
Jason Lain, Acquisitions Director for OM Housing thanked Council for revisiting the Village at
Hammack Creek, a mixed use development at the corner of Sublett Road and Kennedale
Parkway. He provided a brief introduction of their company; adding that they are proposing a
$40,000,000 mixed -use development that would have apartment homes, as well as, retail and
office space. He emphasized that they are not asking for any type credit on fees or variances
from the City; that this project will enhance the City's tax base; and that OM Housing will built
everything to LEED standards and certifications. He added that they are going to go for a HUD
221 D4 housing credit financing option. This allows them to increase their base so that they can
bring in high -end finishes and extend the infrastructure. Continuing, he added that there is one
huge misconception that the housing credit is public housing. This is in no way public housing;
rent is charged, non - payment results in eviction, and there is an extremely stringent application
process. He added that this program was set up by Ronald Reagan in the 80s, and is a
conservative approach to spur economic development in an area.
He stated that the urban village concept was approved in the UDC and this project is in line with
that. OM Housing envisions this development as being pedestrian and bike friendly, much more
accessible by foot. Additionally, it will create 150 construction jobs during the duration of the
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build, and 50+ permanent jobs with the retail and office space. He provided the stats on the site,
noting that they have redone the plans, and the new design integrates all the Urban
Village components. He request that Council consider issuing a Resolution of Support by March
1, 2017.
Property Owner, Jason Doskocil and OM Hosing CEO, Deepak Sulakhe was available to
answer questions from Council. There was extended conversation with Council regarding
various concerns. Mayor Johnson stated that this is a huge process, and OM Housing is
requesting a Resolution of support by March; however, Council is asking residents for input on a
strategic plan in April /May. He added that this could be a hot - button issue if there is not
community support and without community support, it will fail. Mr. Deepak noted that the whole
basis of the project is to have a public - private partnership, OM Housing is willing to give a letter
indemnifying the city if this turns out not to be what the residents want.
D. Discuss vehicle lease program
City Manager Bob Hart stated that when we put the budget together this year, we were looking
at doing a traditional capital lease program for vehicle replacement. Staff has been working
with Enterprise Fleet Management on the financing of vehicles in a more holistic manner. He
noted that for a long time, we have tried to internally fund vehicles, which has been a struggle.
Historically, Bob has always looked at maintenance cost, and once those costs get too high,
then we replace the vehicle. Bob stated that staff recommends using this program instead of the
Capital Lease program that was listed in the budget.
Senior Account Executive with Enterprise Fleet Maintenance Jennifer Bertram stated that they
are working with many cities in Texas, and most are doing the same as Kennedale, running
vehicles for 10 -15 years. Her job is to look at the lowest cost of ownership and replace vehicles
sooner; while lowering operating expense, staying in budget, and maximizing resale value. She
noted that, about 45% of Kennedale's fleet is 8 years or older, and 23% is 10 years or older.
These typically have higher maintenance, lower fuel quality, and increased downtime. She
added that the total savings during a 10 -year period would be approximately $227, 473, with an
annual cash flow savings of approximately $30,000. Enterprise proposes an open -end lease,
noting that we currently have an RFP that just got reapproved through TIPS.
Billy Dobosz from Enterprise stated that Kennedale's annual maintenance program has a C+
rating. He provided an overview of the provisions of their program; handouts were provided.
There was some discussion with Council regarding the advantages and disadvantages of the
program.
E. Discussion of items on regular agenda
No items were discussed at this time.
III. REGULAR SESSION
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Mayor Johnson opened the regular session at 7:01 p.m.
IV. ROLL CALL
Present: Frank Fernandez, Brian Johnson , Kelly Turner, Liz Carrington, Charles Overstreet,
Michael Walker
Absent: None
V. INVOCATION
Pastor Greg Adams from Covenant Life Baptist Church provided the invocation.
VI. UNITED STATES PLEDGE AND TEXAS PLEDGE
VII. VISITOR/CITIZENS FORUM
Jan Joplin, 204 Hilltop Drive stated that there were many in attendance in support of what she
has to say, and she requested that they stand to be recognized. She stated that eight months ago
she was a regular citizen, and as citizens, we are not all involved in city affairs, but all deserve the
same respect. She stated that after some research, there are concerns if the City has checks -and-
balances in place. Her concerns started in February/March when she read an article from the
Mayor stating that water bills were going up approximately $35, but hers was actually $50. She
noted that this increase puts an undue burden on many in the community and the ISO is paying
$10,000 per month for water. She continued, stating that a group of residents put together a
petition, which resulted in another water committee. We, the citizens do not feel we were taken
seriously. The repeal and decrease in the water rate resulted in just over $4.00 for those of us with
a %" meter. She thanked Council for choosing Cathy Brown to serve on the Committee.
Tom Newsom, 303 Pennsylvania Avenue stated that Cathy Brown was treated disrespectfully by
the Committee Chair and mocked by the Financial Director. She was eventually told she was
outside the parameters of the Committee, and that the Committee would speak with one voice.
Cathy came up with several options, and lists of questions were sent to the Finance
Director; however, the City Manager took over at this point. The City Manager's answer was that
the information was not readily available; it would take too much time to compile; it would be
difficult to get; we have already reviewed this; etc.... Cathy Brown resigned from the Committee the
day before the recommendations were presented to Council because she did not want her name
associated with the recommendations. She came up with good options and hopefully some of her
recommendations will be looked at soon. Jan Joplin has looked into the Village Creek emergency
repairs, the closing of the SOBs, and the expected expense to close the race tracks and salvage
yards. The City of Kennedale does not use project codes, so it is difficult to track expenses.
Gayle Uranga, 904 Bell Oak Drive stated that since July more than 50 reports and documents have
been requested and reviewed by Jan Joplin. She quoted from a report in the Kennedale News
dated June 2016, and then from an article from the City dated August 8, 2016, titled Water Rates
and an Update on the Petition. She praised the Public Works Director.
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Cliff Uranga, 904 Bell Oaks Drive read from the February 16, 2015 City Council Meeting, Agenda
Item F. "Consider authorizing the emergency sewer line repairs near Briar Court and along Village
Creek ", which explained the needed repairs. Additionally, he provided a summary and timeline of
the Village Creek emergency pipe project. He added that it was stated in the City article that the
replacement of the pipes was for Master Plan purposes rather than repairing the pipes. There were
no documented engineer recommendations for repair compared to replacement or any change
order to the original approval. He requested an explanation, stating that they would like an answer
to the discrepancies tonight, but if Council chooses not to answer tonight, then at the January City
Council meeting.
Jadey James, 1007 Oak Ridge Court stated that Briar Court was part of the emergency repairs
and was repaired for $54,215. He questioned if this pipe was repaired in February, why wasn't
Village Creek? And, if it was such an environmental threat what was the hold up? There are other
questions and concerns regarding the amount the city has charged and transferred to and from the
water fund when we were specifically told that water funds do not move to other funds. He
requested the account plan on how the TIRZ will repay the water fund, especially with the lack of
closure of the racetracks. He stated that it is clear that the water fund is funding many other
projects. Again, answers were request for tonight.
Jan Joplin, 204 Hilltop Drive spoke again and highly suggests an outside forensic audit to get to the
bottom of City finances, specifically the EDC, MDM, and TownCenter Development District. She
stated that Kennedale has a major problem, and it is not with our water contracts or
infrastructure. She noted that citizens are not opposed to growth; but are opposed to growth that
the budget cannot sustain. Concluding, we want to know where the money from the water fund
went, and can we get it back. Again, she requested answers tonight.
Mayor Johnson reminded everyone that this is a citizen's forum and they cannot respond tonight.
He added that they will have a response by the next meeting.
Larry Atkins, 619 Averett Road expressed his concern with how the City is being managed and the
direction Council is taking. He stated that it makes no sense why residents with a larger pipe pay
more for the same water. He voiced his concerns over the cost to remove the bar at business 287
and 1 -20; along with the treatment of existing businesses that were here to support the town when
nothing else was here. He is here in support of the racetracks and feels they are the best asset that
Kennedale has.
Harvey Dela Rosa, 904 Shady Oak Drive stated that he is currently remodeling his home, and has
been working with Building Inspector, Sandra Johnson. He stated that she wants to tear his house
down, adding that he was supposed to be done with the remodel by the end of the year, but he is
not. He informed Council that he has spent about $20,000, all with permits of course, and is
requesting a little more time to finish his home.
Bob Hart stated that he was under the Board of Adjustment (BOA) and would have to return to the
Board. City Attorney, Wayne Olson stated that the BOA is the board that reviews your case
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and you have to abide by that ruling. City Council has no standing to rule on this. Adding that
he can abide by the order of the Board of Appeal, or take it to a district court in Tarrant County.
Hollis Matthews, 1252 Elmbrook Drive asked that we all reason together. He has talked with
several citizens about the water issue and has done some investigating. He found that many
people are dissatisfied in Kennedale about water and the amount of NSF checks being bounced
back through the water department. He believes there are some remedies, and ask Council
to put the wobble disc meters on five to ten homes where they are having major problems. He
stated that we changed out the meters once because they were worn out; then again because
there was a software problem. There is still a problem, indicating that there's a software glitch in
the system. He added that many people getting NSF checks have the funds in their accounts. He
stated that there is a problem and requested Council to check into it.
Rockie Gilley, 1020 S. Dick Price Road stated he was there to speak on transparency in city
government. Noting, that last July, a 20 -point Economic Development Corporation (EDC) plan was
tentatively scheduled for public hearing in September. This is after months of complaints from
residents of Kennedale about being kept in the dark. As far as he knows, the hearing never
occurred. He added that by ordinance the EDC is limited to a half percent of sales tax revenue
from the 48 sales tax collected throughout Kennedale. We, the citizens want to ensure that this
ordinance is being followed when funding EDC projects. He stated that he was asking for
openness; so, when something like the 20 -point plan is coming up, let us know about it. He added
that if you are proud of what the EDC is doing, you should publicize it. We all know when you're
having Bark in the Park, we should also know when something is being done that costs millions of
dollars.
Roy Boenig, 1020 Kennedale Sublett Road stated that he has lived here 30 years and his issue is
based on P &Z and Council meetings from 2013, He stated that he was under the impression that
he would have a stockade fence between his property and the Vineyards. P &Z actually made a
motion for masonry or precast fence to be put up around the subdivision before houses were ever
built. Council decided that the perimeter along Mansfield Cardinal Road should be landscape berm;
but, they also said the fences had to have metal fence posts. He stated that he received an email
from Larry Hoover in November, saying that he could not find any minutes that talked about the
fence. However, Mr. Boenig found the information in the minutes, and provided a handout to
Council which listed a timeline and a copy of an email sent to the City Manager. He requested that
Council read his notes and was hopeful they could resolve the issue. In closing, he stated that until
two weeks ago, he was under the impression that there was going to be a fence between the
properties.
VIII. REPORTS /ANNOUNCEMENTS
A. Updates from City Council
Charles Overstreet stated that he and the Mayor attended the Methodist Hospital 10th
Anniversary Celebration in Mansfield, and participated in the Salvation Army bell ringing.
Liz Carrington stated that she attended two meetings for the JPS Steering Committee.
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Additionally, she and her son helped raise money for the Salvation Army.
B. Updates from the Mayor
Mayor Johnson stated that he judged the gingerbread house competition at the Library on
December 3; noting that this was the first year for the competition and the Library hopes to
include adults next year. He stated that he attended the Mayors Council meeting; noting that his
attendance at these meetings keeps Kennedale eligible for the CDBG grants. He added that
there was a nice turnout for the Christmas Tree Lighting held on December 6.
Additional meetings and events included the Tarrant Regional Transportation Coalition (TRTC)
meeting, regarding the 120/287/820 flyover; the Six Stones Organization meeting, a volunteer
group that helps to bring houses up to code; an Art Show with TCC students; he performed in a
play at First Baptist Church; emceed a Talent Show at James A. Arthur Elementary; attended
the Mansfield Methodist Hospital's 10th Anniversary Celebration; and participated in the bell
ringing for Salvation Army. In closing, Mayor Johnson informed the group that he was appointed
to the National League of Cities Transportation and Infrastructure Board.
C. Updates from the City Manager
There were no updates from the City Manager at this time.
IX. MONITORING INFORMATION
A. Monthly Financials - November 2016
B. Executive Limitations
C. Ends Review - Balanced Scorecard
Monitoring information updates are in the agenda packet for review.
X. REQUIRED APPROVAL ITEMS (CONSENT)
A. Consider approval of minutes from November 21, 2016 regular meeting
B. Consider approval to participate in TIPS/TAPS Purchasing Program
C. Consider approval of the 2017 Interlocal Agreement for Rabies Control with the City of Fort
Worth
D. Consider a Resolution 504 approving the appointment of two police reserve officers.
Motion To approve all required approval Items on (Consent) agenda. Action Approve, Moved
By Michael Walker, Seconded By Charles Overstreet.
Page 7 of 9
Motion passed Unanimously
XI. DECISION ITEMS
A. CASE # PZ 16 -16 to hold a public hearing and consider approval of Ordinance 619
regarding an amendment to the Unified Development Code, as adopted by Ordinance 605, to
amend the schedule of uses in Article 7, Employment Center Districts, to allow hotel / motel as
a permitted use in the Employment District Office and Service (EC -2) district and the following
uses with a conditional use permit in Employment Center Commercial (EC -1) and Employment
District Office and Service (EC -2) districts: Restaurant with drive - through; Wind energy turbine;
Solar energy equipment; General office and services, bank /financial services with drive -
through; General offices and services- with a drive - through; Vehicle repair, minor; Vehicle sales
and rental: automobiles, light trucks, boats, and to amend Article 22 Review Procedure and
Requirements by eliminating Section 22.9.C.2.b., and to amend Article 26 Subdivision Review,
Section 26.13 Construction Plans and Installation of Improvements.
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 Employment Center
District regulations and the Old Town regulations were recently adopted, and staff has not seen
any problems with those regulations. She added that those regulations were all folded into the
Unified Development Code (UDC), which was adopted a few months ago. Continuing, she
stated that as staff became more familiar with the UDC, we noticed that there were some
conflicts between the regulations and the UDC.
Rachel reviewed two versions of recommendations. Those made by staff and those made by the
Planning and Zoning Board.
Public Hearing:
Mayor Johnson opened the public hearing; there was no one present requesting to speak.
Mayor Johnson closed the public hearing.
Mayor Johnson provided a brief history of the backdrop regarding the Oak Crest area and
the SOBS. He noted that businesses did not want to come into the city because of those SOBS.
There were additional discussions regarding the proposed recommendations.
Motion To approve Ordinance 619 amending the Unified Development Code as recommended
by city staff. Action Approve, Moved By Kelly Turner, Seconded By Charles Overstreet.
Motion passed Unanimously
B. Consider approval of contracts with Enterprise Fleet Management, Inc. for citywide fleet
maintenance
Page 8 of 9
City Manager Bob Hart stated that this item was discussed during the work session. He added
that this is an element of the budget for fleet maintenance and will be a much more cost -
effective way to move forward.
City Attorney Wayne Olson stated that he had not yet reviewed the contracts, and requested
that the motion be subject to his review.
Motion To approve a contract with Enterprise Fleet Maintenance, Inc. for Citywide fleet
maintenance, pending City Attorney's review and approval. Action Approve, Moved By Charles
Overstreet, Seconded By Kelly Turner.
Motion passed Unanimously
XII. EXECUTIVE SESSION
Mayor Johnson recessed into executive session at 8:19 p.m.
XIII. RECONVENE INTO OPEN SESSION, AND TAKE ACTION NECESSARY PURSUANT TO
EXECUTIVE SESSION, IF NEEDED
Mayor Johnson reconvened into open session at 9:06 p.m.
No action required.
XIV. ADJOURNMENT
Mayor Johnson reminded everyone that the January Council meeting would be held on January
23, 2017, instead of the 16 because of the Martin Luther King Holiday.
Motion To adjourn. Action Adjourn, Moved By Liz Carrington, Seconded By Kelly Turner.
Motion passed Unanimously
The meeting was adjourned at 9:08 p.m.
APPROVED:
Brian
ATTEST:
p, Mayor eslie Galloway, City Secretary
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