2014_07.10 CC PacketKENNEDALE CITY COUNCIL
AGENDA
REGULAR MEETING
July 10, 2014
CITY HALL COUNCIL CHAMBERS, 405 MUNICIPAL DRIVE
WORK SESSION - 5:30 PM
REGULAR SESSION - 7:00 PM
I. CALL TO ORDER
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 proposed KKB pilot recycling program.
B. Discuss FEMA flood plain mapping project.
III. REGULAR SESSION
IV. ROLL CALL
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.
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.
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A. Presentation from the local Boy Scouts.
B. Updates from the Mayor.
C. Updates from City Council.
D. Updates from the City Manager.
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.
A. Consider approval of minutes from June 12, 2014 regular meeting.
XI. REGULAR ITEMS
A. Consider appointing Robert Mundy as Chair of the Tax Increment Reinvestment Zone #1 Board.
B. Public Hearing and consideration to approve the Kennedale Economic Development Corporation's
approval to authorize the EDC President to execute an Economic Performance Agreement for
development of property at 1298 W. Kennedale Parkway.
C. Discuss and consider implementation of a recycling pilot program.
XII. EXECUTIVE SESSION
A. The City Council will mee t 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.
1. Discuss erosion issues related to 1033 Estates Drive.
B. The City Council will meet in closed session pursuant to Section 551.087 of the Texas
Government Code to deliberate the offer of a financial or other incentive to a business prospect that
the city council seeks to locate within the city limits.
XIII. RECONVENE INTO OPEN SESSION, AND TAKE ACTION NECESSARY PURSUANT TO
EXECUTIVE SESSION, IF NEEDED
XIV. ADJOURNMENT
In compliance with the Americans with Disabilities Act, the City of Kennedale will provide for reasonable
accommodations for persons attending City Council meetings. This building is wheelchair accessible, and
parking spaces for disabled citizens are available. Requests for sign interpreter services must be made
forty-eight (48) hours prior to the meetings. Please contact Amethyst Cirmo, City Secretary, at
817.985.2104 or (TDD) 1.800.735.2989
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CERTIFICATION
I certify that a copy of the July 10, 2014, agenda was posted on the City Hall bulletin board next to the main entrance of the City Hall
building, 405 Municipal Drive, of the City of Kennedale, Texas, in a place convenient and readily accessible to the general public at
all times and said agenda was posted at least 72 hours preceding the schedule time of said meeting, in accordance with Chapter
551 of the Texas Government Code.
___________________
Amethyst G. Sloane , City Secretary
______________________Staff Report to the Honorable Mayor and City Council
Date: July 10, 2014
Agenda Item No: WORK SESSION - A.
I. Subject:
Discuss proposed KKB pilot recycling program.
II. Originated by:
Kelly Cooper, Director of Human Resources
III. Summary:
Information related to this item is available on the regular session action item staff report.
IV. Fiscal Impact Summary:
V. Legal Impact:
VI. Recommendation:
None
VII. Alternative Actions:
VIII. Attachments:
______________________Staff Report to the Honorable Mayor and City Council
Date: July 10, 2014
Agenda Item No: WORK SESSION - B.
I. Subject:
Discuss FEMA flood plain mapping project.
II. Originated by:
Amethyst G. Sloane, City Secretary and Communications Coordinator
III. Summary:
Jack Tidwell from NCTCOG will be at the meeting to discuss this project.
IV. Fiscal Impact Summary:
V. Legal Impact:
VI. Recommendation:
None
VII. Alternative Actions:
VIII. Attachments:
1.Maps NCTCOG CTP FY13 Risk MAP Project.pdf
______________________Staff Report to the Honorable Mayor and City Council
Date: July 10, 2014
Agenda Item No: REPORTS/ANNOUNCEMENTS - A.
I. Subject:
Presentation from the local Boy Scouts.
II. Originated by:
Larry Hoover, Streets and Parks Supervisor
III. Summary:
The local boy scout troop would like to thank the Kennedale City Council for allowing them to use Sonora
Park for their annual summer camp. A certificate of appreciation will be presented to the Council.
IV. Fiscal Impact Summary:
V. Legal Impact:
VI. Recommendation:
None
VII. Alternative Actions:
VIII. Attachments:
______________________Staff Report to the Honorable Mayor and City Council
Date: July 10, 2014
Agenda Item No: REPORTS/ANNOUNCEMENTS - B.
I. Subject:
Updates from the Mayor.
II. Originated by:
City Council, City Council
III. Summary:
At this time the Mayor will give any updates.
IV. Fiscal Impact Summary:
V. Legal Impact:
VI. Recommendation:
None
VII. Alternative Actions:
VIII. Attachments:
______________________Staff Report to the Honorable Mayor and City Council
Date: July 10, 2014
Agenda Item No: REPORTS/ANNOUNCEMENTS - C.
I. Subject:
Updates from City Council.
II. Originated by:
City Council, City Council
III. Summary:
Updates and information, if any.
IV. Fiscal Impact Summary:
V. Legal Impact:
VI. Recommendation:
None
VII. Alternative Actions:
VIII. Attachments:
______________________Staff Report to the Honorable Mayor and City Council
Date: July 10, 2014
Agenda Item No: REPORTS/ANNOUNCEMENTS - D.
I. Subject:
Updates from the City Manager.
II. Originated by:
III. Summary:
IV. Fiscal Impact Summary:
V. Legal Impact:
VI. Recommendation:
VII. Alternative Actions:
VIII. Attachments:
______________________Staff Report to the Honorable Mayor and City Council
Date: July 10, 2014
Agenda Item No: CONSENT ITEMS - A.
I. Subject:
Consider approval of minutes from June 12, 2014 regular meeting.
II. Originated by:
Amethyst G. Sloane, City Secretary and Communications Coordinator
III. Summary:
Please see the attached minutes for approval.
IV. Fiscal Impact Summary:
V. Legal Impact:
VI. Recommendation:
Approve
VII. Alternative Actions:
VIII. Attachments:
1.minutes 06.12.2014 CC Minutes.doc
KENNEDALE CITY COUNCIL
MINUTES
REGULAR MEETING
June 12, 2014
CITY HALL COUNCIL CHAMBERS, 405 MUNICIPAL DRIVE
I. CALL TO ORDER
Mayor Johnson called the meeting to order at 6:00PM.
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 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 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 mee t 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
Government Code to deliberate the offer of a financial or other incentive to a business project with
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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
A. Consider approval of minutes from the May 8, 2014 regular meeting.
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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
XIII. 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.
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
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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
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.
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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
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
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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:ATTEST:
__________________________________________________________________
Mayor Brian Johnson City Secretary Amethyst G. Sloane
______________________Staff Report to the Honorable Mayor and City Council
Date: July 10, 2014
Agenda Item No: REGULAR ITEMS - A.
I. Subject:
Consider appointing Robert Mundy as Chair of the Tax Increment Reinvestment Zone #1 Board.
II. Originated by:
City Council, City Council
III. Summary:
The TIRZ Chair needs to be appointed on an annual basis. Robert Mundy served as last year's chair.
IV. Fiscal Impact Summary:
V. Legal Impact:
VI. Recommendation:
Approve
VII. Alternative Actions:
VIII. Attachments:
______________________Staff Report to the Honorable Mayor and City Council
Date: July 10, 2014
Agenda Item No: REGULAR ITEMS - B.
I. Subject:
Public Hearing and consideration to approve the Kennedale Economic Development Corporation's
approval to authorize the EDC President to execute an Economic Performance Agreement for
development of property at 1298 W. Kennedale Parkway.
II. Originated by:
Bob Hart
III. Summary:
Bob Hart will present information on this topic at the meeting.
IV. Fiscal Impact Summary:
V. Legal Impact:
VI. Recommendation:
Approve
VII. Alternative Actions:
VIII. Attachments:
______________________Staff Report to the Honorable Mayor and City Council
Date: July 10, 2014
Agenda Item No: REGULAR ITEMS - C.
I. Subject:
Discuss and consider implementation of a recycling pilot program.
II. Originated by:
Kelly Cooper, Director of Human Resources
III. Summary:
The city has discussed curbside recycling for several years. Surveys indicate that residents are
interested but the cost has been seen as prohibitive. In lieu of curbside recycling, the city has provided
drop-off recycling locations at city hall and the landfill. Although the community bin locations are
affordable, various problems have surfaced. First, is residents that are inconvenienced when they take
their materials to the bin only to find it full. The resident can try the other location, but in some cases may
leave their material at the bin location. This over filling happens on a regular basis, most generally over
the weekend when their is no traffic in and around city hall. This issue creates an unsightly appearance
and weekly clean up is needed. In recent months, the collector has expressed concerns that the service
is being abused. Non-recycled materials are being left which means the entire load has to go to the
landfill and items that can not be collected are being left as well (such as tires, furniture, and T.V.'s).
Progressive Waste Solutions is offering a curbside recycling pilot program for one neighborhood to
determine if residents would support paying for such a service. The proposed pilot program would be
provided to one neighborhood for approximately three months, at no cost to the residents during the pilot.
The city would cover the cost of the service during the pilot program. The proposed cost for the
residential curbside recycling is estimated for a 65 gallon cart, weekly pickup is $3.60 per month or every
other week pick up is estimated at $2.75 per month.
There are four possible neighborhoods with HOA's that could easily be considered for the pilot program:
Steeplechase (184 homes), Brookstone (135 homes), Shady Creek (114 homes), and Oak Hill Park (154
homes).
Keep Kennedale Beautiful has recommended that the city pursue a pilot program and requests city
council to authorize the KKB with staff to work with the HOA's to select a pilot neighborhood. Surveys will
be sent out before and after the pilot program in order to measure support for curbside recycling. Final
results will be presented to the council in order to make a decision on the service.
IV. Fiscal Impact Summary:
V. Legal Impact:
VI. Recommendation:
Page 2 of 2
Approve
VII. Alternative Actions:
VIII. Attachments:
______________________Staff Report to the Honorable Mayor and City Council
Date: July 10, 2014
Agenda Item No: EXECUTIVE SESSION - A.
I. Subject:
The City Council will mee t 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.
1. Discuss erosion issues related to 1033 Estates Drive.
II. Originated by:
Bob Hart
III. Summary:
At this time the city council will meet in executive session.
IV. Fiscal Impact Summary:
V. Legal Impact:
VI. Recommendation:
None
VII. Alternative Actions:
VIII. Attachments:
______________________Staff Report to the Honorable Mayor and City Council
Date: July 10, 2014
Agenda Item No: EXECUTIVE SESSION - B.
I. Subject:
The City Council will meet in closed session pursuant to Section 551.087 of the Texas Government Code
to deliberate the offer of a financial or other incentive to a business prospect that the city council seeks to
locate within the city limits.
II. Originated by:
Bob Hart
III. Summary:
This item will be discussed in executive session.
IV. Fiscal Impact Summary:
V. Legal Impact:
VI. Recommendation:
None
VII. Alternative Actions:
VIII. Attachments: