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2014_06.12 CC MinutesKENNEDALE CITY COUNCIL MINUTES REGULAR MEETING June 12, 2014 CITY HALL COUNCIL CHAMBERS, 405 MUNICIPAL DRIVE 1. CALL TO ORDER Mayor Johnson called the meeting to order at 6:OOPM. A. Oath of Office for Councilmember, Place 3. City Secretary Amethyst Sloane issued the oath of office for Council Place 3 to Michael Walker. Place 3 expires in May of 2015. II. WORK SESSION *NOTE: Pursuant to Section 551.071, Texas Government Code. the City Council reserves the right to adiourn 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 the 2014 Board and Commission appointment process and calendar. Amethyst Sloane noted that staff was beginning to plan for the 2014 board appointment process, with the following dates tentatively scheduled: • August 8 — Online Application Available • September 12 — Online Application DUE • September 23, 24, 25, and 26 — Candidate interviews • October 9 — Official appointments made for all boards III. REGULAR SESSION Mayor Johnson recessed into executive session at 6:12PM. IV. 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, legal issues regarding nonconforming uses, discussion of zoning issues in the city, and legal issues regarding the preparation of developer's agreements. B. The Kennedale City Council will meet in closed session pursuant to Section 551.087 of the Texas 405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817- 985 -2100 1 Fax: 817- 478 -7169 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 a Chapter 380 agreement for 1298 W Kennedale Parkway. V. RECONVENE INTO OPEN SESSION, AND TAKE ACTION NECESSARY PURSUANT TO EXECUTIVE SESSION, IF NEEDED A. Consider authorizing the City Manager to execute a Chapter 380 agreement for 1298 W Kennedale Parkway. Motion To authorize the City Manager to execute a Chapter 380 agreement for 1298 W Kennedale Parkway as presented. Action Approve, Moved By Kelly Turner, Seconded By Charles Overstreet. Motion Passed Unanimously VI. ROLL CALL Present: Brian Johnson, Charles Overstreet, Michael Walker, Kelly Turner, Frank Fernandez. Absent: Liz Carrington VII. INVOCATION VIII. UNITED STATES PLEDGE IX. TEXAS PLEDGE X. VISITOR/CITIZENS FORUM No individuals signed up to speak at the forum. XI. REPORTS /ANNOUNCEMENTS A. Updates from the Mayor. - The Mayor noted that Council recently attended a Southeast Transportation Partnership meeting and met with several local and regional leaders. B. Updates from City Council. - no updates were given. C. Updates from the City Manager. - Birding Workshop on June 28 Bob Hart noted that as part of our participation in the US Fish and Wildlife Service's Urban Bird Treaty, the next birding workshop would be held this month. XII. CONSENT ITEMS Page 2of6 A. Consider approval of minutes from the May 8, 2014 regular meeting. B. Consider approval of minutes from the May 13, 2014 special meeting. C. Consider approval of minutes from the May 16, 2014 special meeting. D. Consider approval of minutes from the June 3, 2014 special meeting. E. Consider approval of minutes from the June 9, 2014 special meeting. F. Consider approval of minutes from the June 10, 2014 special meeting. G. Consider approval of Resolution 427 regarding continued participation in Tarrant County's Community Development Block Grant, Home investment Partnership, and Emergency Grant Consortium for the three -year period, FY 2015 - FY 2017. Motion To approve the consent agenda as presented. Action Approve, Moved By Charles Overstreet, Seconded By Frank Fernandez. Motion Passed Unanimously XI11. REGULAR ITEMS A. Consider appointing a Council member to serve on the Kennedale TownCenter Development District Board. In his capacity as Mayor Pro -Tem, Kelly Turner was recommended for appointment. Motion To appoint Kelly Turner to serve on the Kennedale TownCenter Development District Board. Action Approve, Moved By Charles Overstreet, Seconded By Frank Fernandez. Ayes: Charles Overstreet, Michael Walker, Frank Fernandez. Nays: none Abstaining: Kelly Turner Motion Passed (3 -0 -1) B. Consider approval of the 2014 Election Register. Amethyst Sloane noted that the election register must be approved at the first regular meeting following the general election date. Motion To approve the 2014 Election Register as presented. Action Approve, Moved By Kelly Turner, Seconded By Charles Overstreet. Motion Passed Unanimously C. Case PZ 14 -03 Public hearing and consideration of Ordinance 549 approval regarding a request by Sidney DaSilva, DBA Equity One Group, for the City of Kennedale to vacate 0.1192 acres of public right -of way located adjacent to property at 1453 J R Hawkins Rd, L C Rayburn's Subdivision Remainder Lot 6, Kennedale, Tarrant County, as shown in a deed of record in Vol. 10782 p. 1561, Tarrant County. Page 3of6 1. Staff presentation Rachel Roberts approached the Council and gave a summary of the case. Mr. DaSilva bought the property in question at auction in 2011. The right -of -way belongs to the City of Arlington, however Arlington asked that as that land is within the Kennedale City limits, Kennedale process the request. Mr. DaSilva is a developer, and did not realize how much of the property was dedicated for right -of -way at the time it was purchased. He would like to subdivide this property into two lots, and the acquisition of the right -of -way would allow for larger lots. Mr. DaSilva submitted a request to vacate in February of this year and has discussed the request at length with staff. The initial request was for 3,489 square feet, however the finalized exhibits request 5,195 square feet be abandoned, more right -of -way than originally requested. However, the application document still reflects the original requested right -of -way amount of 3,489 square feet. In accordance with city code, the city assessed the fair market value of the property. The payment of fair market value is intended to compensate the public for its loss of right -of -way. Mr. DaSilva originally requested the city not to charge him the fair market value if the abandonment request is approved, as he believes he paid for the right -of -way when he purchased the property. At the Planning & Zoning Commission meeting in May, however, he offered to pay up to $500. Staff has assessed the fair market value for the original request for right -of -way of $2,594.18. Staff has assessed the fair market value for the full amount of r -o -w requested at $3,844.30. Staff recommends abandoning a portion of the right -of -way requested. Staff also recommends requiring the applicant to pay fair market value of $2,594.18 for the vacated right -of -way. 2. Applicant presentation Mr. DaSilva approached the Council and asked that consideration be given to his request. He noted that it was his belief that he had already paid for the right -of -way when he acquired the land, and that he did not believe that that paying what the city recommended was fair. Mr. DaSilva distributed a packet of legal information to the City Council and read aloud several state statutes related to eminent domain, stating that it was his belief that this issue fell under these laws and that as such he should not be required to pay for the abandonment. He reiterated that he was willing to pay up to $500 and would appreciate Council's consideration. 3. Public hearing Mayor Johnson opened the public hearing. No one signed up to speak and the public hearing was closed. 4. Applicant response No response was necessary. 5. Staff response and summary City Attorney Wayne Olson thanked Mr. DaSilva for preparing his arguments. He noted, however, that the issue at hand was not one of eminent domain and as such Mr. DaSilva's Page 4of6 prepared information was not relevant to this particular case. He also noted that the process followed by the city was in accordance with state and local law and was the generally practiced process for all right -of -way abandonment requests. Councilmember Overstreet asked how the value was determined, and Ms. Roberts stated that all acreage and financial information was gathered from the Tarrant Appraisal District. 6. Action by the City Council on Ordinance 549. Motion To approve Ordinance 549 as presented, granting the requested right -of -way abandonment as recommended by the Planning & Zoning Commission and to require the applicant to pay the City of Kennedale the fair market value for the right -of -way in the amount of $2,594.18. Action Approve, Moved By Kelly Turner, Seconded By Frank Fernandez. Motion Passed Unanimously D. Consider approval of Ordinance 550, amending the city's schedule of administrative fees. Sakura Moten - Dedrick noted that this update was to amend the schedule of fees to include new pavilion rental rates as already approved by Council, new library rates to match those of other libraries in our consortium, and a few updates to utility billing to match language with Global Water, Inc. Motion To approve Ordinance 550, amending the city's schedule of administrative fees as presented. Action Approve, Moved By Frank Fernandez, Seconded By Kelly Turner. Motion Passed Unanimously E. Consider approval of the 2014 Board and Commission appointment process and calendar. Amethyst Sloane reiterated information that was presented during the work session, noting that the following dates had been proposed: • August 8 — Online Application Available • September 12 — Online Application DUE • September 23, 24, 25, and 26 — Candidate interviews • October 9 — Official appointments made for all boards Motion To approve the 2014 Board and Commission appointment process and calendar as presented. Action Approve, Moved By Charles Overstreet, Seconded By Frank Fernandez. Motion Passed Unanimously F. Consider approval of 2014 trash utility rates for Progressive Waste Solutions. Norm Bulaich from Progressive Waste Solutions approached the Council, noting that this year's increase equated to $0.11 per month, or an increase of approximately 1.2 %. This amount is based on the Consumer Price Index as published by the US Bureau of Labor. This rate increase is for both commercial and residential accounts, and would become effective on July 1, 2014. Motion To approve 2014 trash utility rates for Progressive Waste Solutions as presented. Action Approve, Moved By Kelly Turner, Seconded By Charles Overstreet. Motion Passed Unanimously G. Consider approval of Ordinance 551, amending membership qualifications for the Keep Kennedale Page 5of6 Beautiful Commission. Motion To approve Ordinance 551, amending membership qualifications for the Keep Kennedale Beautiful Commission Solutions as presented. Moved By Charles Overstreet, Seconded By Kelly Turner. Council discussed the need for additional board members, and asked Michael Chandler, the current chair of the Keep Kennedale Beautiful Commission, if eliminating all residency requirements for 3 of the 9 seats would enhance membership more than only allowing for those 3 to be from within the Kennedale Independent School District limits. Mr. Chandler agreed and asked that Council consider approving an amended Ordinance to reflect that change. Motion To amend the previous motion, approving Ordinance 551 with amendments allowing 3 of the 9 places of the Keep Kennedale Beautiful Commission to serve without a residency requirement. Moved By Charles Overstreet, Seconded By Kelly Turner. Motion Passed Unanimously XIV. ADJOURNMENT Motion To adjourn. Action Adjourn, Moved By Kelly Turner, Seconded By. Charles Overstreet. Motion Passed Unanimously The meeting was adjourned at 7:56PM. APPROVED: Mayor Brian John on ATTEST: City Secre 'ry Amethyst G. Sloane Page 6of6