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08.09.2012 CC MinutesdC NN ®ALOE CITY COUNCIL MINUTES REGULAR MEETING August 9, 2012 CITY HALL COUNCIL CHAMBERS, 405 MUNICIPAL DRIVE CALL TO ORDER Mayor Clark called the meeting to order at 5:35 PM. II. WORK SESSION Present Frank Fernandez, John Clark (Not Voting), Kelly Turner, Liz Carrington, Charles Overstreet Brian Johnson arrived at 5:50 PM. A. Announcement of Kennedale Library's summer reading program winners. Mayor Clark announced the winners and presented them with certificates. B. Effective Tax Rate & Rollback Tax Rate Summary. Bob Hart noted that as our effective tax rate is less than it was last year, and that the City Council would not need to hold additional special meetings related to that issue. C. Review applications for board and commission appointments. Applicants Ronald Whitley, Darrell Dixon, Jeffrey Nevarez, LaCresha Sanders, Laurie Sanders, Martin Young, Michael Herring, Rachel Rogers, Rebecca Clark, Pat Turner, approached the council to interview for various boards and commissions. Ill. REGULAR SESSION Mayor Clark called the regular session to order at 7:00 PM. IV. ROLL CALL Roll Call Present Frank Fernandez, John Clark (Not Voting), Brian Johnson , Kelly Turner, Liz Carrington, Charles Overstreet 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. 1. Billie Evans of 824 Mansfield Cardinal Road approached the council regarding construction near her property. She handed out a packet of past emails and correspondence regarding retaining walls, grass, and fencing issues on her property. 2. Felipe Gutierrez of 402 Pennsylvania Ave approached the council to relate information related to Art in the Park and the recent Texas Events and Festivals conference that he attended. Jesse Elizondo, Executive Director of the Kennedale Chamber of Commerce, approached the council to announce that the Kennedale Kar Show would be held on September 8th. 4. Bill Atchley approached the council and asked that council consider continuing to use current of trash collection and not move to different refuse containers as other neighboring communities have done. 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. Brian Johnson welcomed city attorney Wayne Olson back from his recent trip to France. Mayor Clark reported news from a recent Mayors' Council discussion related to implementation of a new emergency weather early warning system. The region currently uses Nexrad and may be moving to the new system, CASA, which samples more areas of the atmosphere that the current system. The costs associated with this new system will be discussed in future months. X. CONSENT ITEMS A. Consider approval of minutes from regular meeting dated July 12, 2012. Motion Approve the consent agenda as presented, , Action Approve, Moved By Liz Carrington, Seconded By Frank Fernandez Motion Passed Unanimously XI. REGULAR ITEMS A. CASE # PZ 12 -02, a request by Cynthia Sasedor for a zoning change from "C -1" Restricted Commercial and "R -2" Single Family Residential to "PD" Planned Development District for approximately 2.5 acres at an unaddressed parcel at Little School Rd and Potomac Pkwy located in the M P Lamar Survey A987, Kennedale, Tarrant County, Texas. Staff Presentation Rachel Roberts approached the council, noting that the applicant had asked the case to be postponed. Motion To table case PZ 12 -02., Action Table, Moved By Brian Johnson, Seconded By Liz Carrington Motion Passed Unanimously Page 2 of 6 B. Case PZ 12 -03, to hold a public hearing and consider action on an ordinance prohibiting the development of gated communities by amending the subdivision regulations of the City of Kennedale. 1. Staff Presentation Rachel Roberts approached the council, noting that many of the benefits touted by gated communities have not panned out. They have not proven to be safer and have also proven to have detrimental effect on public health and community connectivity. 2. Public Hearing Mayor Clark opened the public hearing. No one signed up to speak and the public hearing was closed. 3. Staff Response and Summary No response was necessary. 4. Action by the City Council The council deliberated the issue and decided that further information was necessary to make a decision. Motion To table case PZ 12 -03., Action Table, Moved By Brian Johnson, Seconded By Kelly Turner Motion Passed Unanimously C. Consider Ordinance 508, establishing the Board of Adjustment as the Building Board of Appeals. This ordinance will allow for one group to serve as both boards. This ordinance has been renumbered to 507. Motion To approve the Ordinance 507 as presented. , Action Approve, Moved By Brian Johnson , Seconded By Frank Fernandez Motion Passed Unanimously D. Consider appointments to the Board of Adjustment. Motion To appoint Lana Sather and Donald Rawe as regular members, and to appoint Billy Vester and Jeff Nevarez as alternates., Action Approve, Moved By Liz Carrington , Seconded By Kelly Turner Ayes (2): Liz Carrington, Kelly Turner Nays (3): Frank Fernandez, Brian Johnson, Charles Overstreet The motion failed. (2 -3). Motion To appoint the current alternates, Jeff Madrid and Darrell Dixon, to the two vacant seats., Action Approve, Moved By Frank Fernandez, Seconded By Brian Johnson The motion passed unanimously Motion to reappoint Rick Adams to his current seat. , Action Approve, Moved By Brian Johnson , Seconded By Charles Overstreet The motion passed unanimously Page 3 of 6 Motion To table the remaining appointments and potential reappointments until further discussion is had. , Action Approve, Moved By Kelly Turner, Seconded By Liz Carrington The motion passed unanimously E. Consider appointments to the Building Board of Appeals. This item was taken care of through the vote on item XI -D. F. Consider appointments to the Library Advisory Board, Motion To reappoint Rebecca Clark to Place 4, and to move current member Sharon Dehnel from Place 6 (alternate) to the vacant Place 2 (regular). , Action Approve, Moved By Brian Johnson , Seconded By Kelly Turner The motion passed unanimously. G. Consider appointments to the Arts and Culture Advisory Board. Motion To table the item until the ordinance has been adjusted , Action Approve, Moved By Brian Johnson , Seconded By Charles Overstreet The motion passed unanimously. H. Consider appointments to the Parks and Recreation Advisory Board. Motion To reject the request for reappointment by David Smith for Place 2, and to move Stephen Brim from Place 6 (alternate) to Place 2 (regular) , Action Approve, Moved By Liz Carrington , Seconded By Kelly Turner The motion passed unanimously. Motion To reappoint Donna Gerron to Place 4 , Action Approve, Moved By Kelly Turner, Seconded By Liz Carrington The motion passed unanimously. Motion To appoint Alan Pederson to the vacancy in Place 6 created by moving Stephen Brim to Place 2, Action Approve, Moved By Brian Johnson, Seconded By Kelly Turner The motion passed unanimously. I. Consider appointments to the Keep Kennedale Beautiful Commission. Motion To appoint Laurie Sanders to Place 8 (alternate), and to reappoint LaCresha Sanders to Place 2, Michael Chandler to Place 4, and Rachel Rogers to Place 6 , Action Approve, Moved By Kelly Turner, Seconded By Liz Carrington The motion passed unanimously. J. Consider appointments to the Planning and Zoning Commission. Motion To reappoint Thomas Pirtle and Ernest Harvey as regular members , Action Approve, Moved By Kelly Turner, Seconded By Liz Carrington The motion passed unanimously. Page 4 of 6 Motion To move both Michael Herring and Carolyn Williamson from an alternate members to regular members, Action Approve, Moved By Brian Johnson , Seconded By Charles Overstreet The motion passed unanimously. Motion To appoint Martin Young and Donald Rawe as alternates , Action Approve, Moved By Charles Overstreet, Seconded By Liz Carrington The motion passed unanimously. K. Consider awarding the bid for health, dental, vision, life and AD &D, and voluntary life insurance and authorize the City Manager to sign the agreements Kelly Cooper approached the board, noting that there was a 5% decrease in the renewal. The city will remain with the same plans as last year. Motion To authorize the City Manager to sign contracts awarding the bids for bid for health, dental, vision, life and AD &D, and voluntary life insurance Action Approve, Moved By Liz Carrington , Seconded By Charles Overstreet The motion passed unanimously. L. Consider awarding bids for sale of city land at the following locations: • 5411 Kennedale Parkway, Tr 32B01 A1376, Strickland, David Survey • 600 W Kennedale Parkway, Lot 8 Block 1, Woodlea Acres Addition • 1083 Bowman Springs Road, Lot 19R Block 1, Woodlea Acres Addition • 830 W Kennedale Parkway, Lot 8 Block 4, Oak Crest Addition • 201 N New Hope Road, Lot 3 &4 Block 44, City of Kennedale Addition Bob Hart noted that the city received one bid, from the Economic Development Corporation, for the first four properties on the list. The bids included a promise to revert proceeds from eventual sale of this land back to the city. 201 New Hope was bid on by Living Waters Baptist Church, who would like to swap this land /building for approximately two acres of property further south on New Hope Road and $10,000. Motion To approve the sale of 5411 Kennedale Parkway, 600 W Kennedale Parkway, 1083 Bowman Springs Road, and 830 W Kennedale Parkway, to the Economic Development Corporation. Action Approve, Moved By Brian Johnson , Seconded By Frank Fernandez The motion passed unanimously. M. Consider Ordinance 509, authorizing sale of real property located at 201 New Hope Road. This ordinance has been renumbered as ordinance 508. Motion To approve Ordinance 508, authorizing the sale of property at 201 New Hope Road. Action Approve, Moved By Liz Carrington , Seconded By Brian Johnson The motion passed unanimously. XII. 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 on any item posted on the agenda. Page 5 of 6 No executive session was held. XIII. RECONVENE INTO OPEN SESSION, AND TAKE ACTION NECESSARY PURSUANT TO EXECUTIVE SESSION, IF NEEDED XIV. ADJOURNMENT Motion To adjourn. Action Adjourn, Moved By Brian Johnson , Seconded By Liz Carrington The motion passed unanimously. The meeting was adjourned at 8:47 PM. APPROVED: ( (�� Mayor John Clark ATTEST Amethyst G. Cir , City Secretary Page 6of6