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2014_06.12 CC PacketKENNEDALE CITY COUNCIL AGENDA REGULAR MEETING June 12, 2014 CITY HALL COUNCIL CHAMBERS, 405 MUNICIPAL DRIVE WORK SESSION - 6:00 PM REGULAR SESSION - 6:15 PM I. CALL TO ORDER A. Oath of Office for Councilmember, Place 3. 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. III. REGULAR SESSION 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 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. VI. ROLL CALL Page 2 of 3 VII. INVOCATION VIII. UNITED STATES PLEDGE IX. TEXAS PLEDGE “Honor the Texas Flag; I Pledge Allegiance to Thee, Texas, One State under God; One and Indivisible.” X. 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. XI. 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 the Mayor. B. Updates from City Council. C. Updates from the City Manager. - Birding Workshop on June 28 XII. 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 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. XIII. REGULAR ITEMS A. Consider appointing a Council member to serve on the Kennedale TownCenter Development District Board. Page 3 of 3 B. Consider approval of the 2014 Election Register. 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 2.Applicant presentation 3.Public hearing 4.Applicant response 5.Staff response and summary 6.Action by the City Council on Ordinance 549 D. Consider approval of Ordinance 550, amending the city's schedule of administrative fees. E. Consider approval of the 2014 Board and Commission appointment process and calendar. F. Consider approval of 2014 trash utility rates for Progressive Waste Solutions. G. Consider approval of Ordinance 551, amending membership qualifications for the Keep Kennedale Beautiful Commission. 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 CERTIFICATION I certify that a copy of the June 12, 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: June 12, 2014 Agenda Item No: CALL TO ORDER - A. I. Subject: Oath of Office for Councilmember, Place 3. II. Originated by: Amethyst G. Sloane, City Secretary and Communications Coordinator III. Summary: At this time the Oath of Office will be issued to the new councilmember who was appointed on Tuesday evening. 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: June 12, 2014 Agenda Item No: WORK SESSION - A. I. Subject: Discuss the 2014 Board and Commission appointment process and calendar. II. Originated by: Amethyst G. Sloane, City Secretary and Communications Coordinator III. Summary: Based on the timeline as described in Resolution 404 (attached), staff is proposing the following calendar for the 2014 board and commission appointment process. There is a calendar attached as well. July 1: 1st Notification in Newsletter/Flyers July 31: DUE response of want to VACATE or REAPPLY from current board members whose terms expire this year. Aug 1: 2nd Notification in Newsletter/Flyers Aug 8: Applications become available (online only) Sept 1: 3rd Notification in Newsletter/Flyers Sept 12: APPLICATIONS DUE BY 5:00PM Sept 18: Special Budget Meeting Sept 22, 23, 24: Interviews with Council Sept 25: Special Budget Meeting (if needed) Sept 26: Deadline to notify all applicants of Council's intentions Oct: 2: Deadline for candidate response Oct 9: Official appointments made at regular Council Meeting (Will include work session item to allow to time to adjust for candidate responses) IV. Fiscal Impact Summary: V. Legal Impact: VI. Recommendation: Approve VII. Alternative Actions: VIII. Attachments: Page 2 of 2 1.Calendar Council Calendar.docx 2.R404 R404.pdf S M T W T F S July 1 2 3 4 Holiday 5 6 7 8 9 10 REGULAR MTG 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 August 1 2 3 4 5 6 7 8 (board apps available) 9 10 11 12 13 14 REGULAR MTG 15 BUDGET WKSHP 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 September 1 Holiday 2 3 4 5 6 7 8 9 10 11 REGULAR MTG 12 (board apps DUE)13 14 15 16 17 18 SPECIAL MTG Budget 19 20 21 22 INTERVIEWS 23 INTERVIEWS 24 INTERVIEWS 25 SPECIAL MTG Budget/INTERVIEWS 26 (board candidates notified) 27 28 29 30 October 1 2 (deadline to accept/decline nom) 3 4 5 6 7 8 9 REGULAR MTG (board appts made) 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 RESOLUTION NO. 404 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KENNEDALE, TEXAS ESTABLISHING AN APPOINTMENT PROCESS FOR BOARDS AND COMMISSIONS APPOINTED BY CITY COUNCIL. WHEREAS, it is the desire of the Mayor and City Council to encourage participation by citizens, elected officials and appointed officials in the selection process for all appointments to the City's Boards, Commissions, and Committees; and WHEREAS, the City Council wishes to recruit and appoint highly qualified individuals to serve on behalf of the residents of Kennedale in various capacities; and WHEREAS, the City Council believes that the establishment of an official annual appointment process will increase awareness and public interest in serving on city boards. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KENNEDALE, TEXAS: SECTION 1. The following appointment process shall be used for appointments to existing Boards, Commissions and Committees established and appointed by the City Council and to those Boards, Commissions and Committees subsequently established and appointed by the City Council. Any existing or subsequently established boards, commissions, or committees whose members are not appointed by City Council shall be filled through a separate application process. SECTION 2. Current board and commission members whose terms expire that year must provide notification to the City Secretary's office by July 31st indicating either their interest in reapplying for their current seat or their intent to vacate that seat. SECTION 3. For annual appointments, the City Secretary shall advertise vacancies and term expirations for at least sixty (60) days in any of the following ways: on the City's website, in the City newsletter, and with announcements at city council and board meetings. SECTION 4. Applications will be made available both online and in paper format for a minimum of thirty (30) days prior to the regular City Council meeting in October. Applications must be fully completed and submitted to the City Secretary's Office on or before the advertised due date. Incomplete applications will not be considered. Applicants must agree to abide by the city's Code of Ethics and to the guidelines established by the City of Kennedale Board and Commission Handbook. Applicants will be able to indicate specific boards of interest; however, final placement is left to the discretion of City Council. Reappointments are not automatic and are subject to the discretion of City Council. Present members who wish to continue to serve in their current seat must abide by the process described herein, including the application and interview process. SECTION 5. Upon closure of the application period, all applications and any supporting documents shall be sent to City Council. Interviews of all applicants will be conducted by City Council as a whole prior to the official appointment date in October. Applicants will be expected to attend an interview and be familiar with city initiatives and plans. All applicants will be notified of the status of their application prior to the official appointment date. SECTION 6. Official appointments will be made at the regular City Council meeting in October. SECTION 7. All applications and supporting documentation shall be kept on file in the City Secretary's office for one (1) year. Should a vacancy occur, the applications on file and any new applications received shall be sent to the City Council for review and consideration for appointment by the City Council. SECTION 8. This resolution shall be effective upon its approval by the City Council. APPROVED this 11th day of July, 2013. APPROVED: J Ma or John bark ATTEST: --- Amethyst G. Cirm , City Secretary ______________________Staff Report to the Honorable Mayor and City Council Date: June 12, 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. 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 Board of Directors Date: June 12, 2014 Agenda Item No: EXECUTIVE SESSION - B. I. Subject: 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 whom the city is conducting economic development negotiations. 1.Review and discuss a Chapter 380 agreement for 1298 W Kennedale Parkway. II. Originated by: Bob Hart III. Summary: Bob Hart will present information on this topic during executive session. IV. Recommendation: None V. Alternative Actions: VI. Attachments: ______________________Staff Report to the Honorable Mayor and City Council Date: June 12, 2014 Agenda Item No: RECONVENE INTO OPEN SESSION, AND TAKE ACTION NECESSARY PURSUANT TO EXECUTIVE SESSION, IF NEEDED - A. I. Subject: Consider authorizing the City Manager to execute a Chapter 380 agreement for 1298 W Kennedale Parkway. II. Originated by: Bob Hart III. Summary: At this time the City Manager will discuss a 380 agreement related to this property. 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: June 12, 2014 Agenda Item No: REPORTS/ANNOUNCEMENTS - A. 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: June 12, 2014 Agenda Item No: REPORTS/ANNOUNCEMENTS - B. 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: June 12, 2014 Agenda Item No: REPORTS/ANNOUNCEMENTS - C. I. Subject: Updates from the City Manager. - Birding Workshop on June 28 II. Originated by: Bob Hart III. Summary: Updates and information, if any. - Birding Workshop on June 28 @ 8:00AM in City Hall and the Southwest Nature Preserve. 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: June 12, 2014 Agenda Item No: CONSENT ITEMS - A. I. Subject: Consider approval of minutes from the May 8, 2014 regular meeting. II. Originated by: Amethyst G. Sloane, City Secretary and Communications Coordinator III. Summary: Please see the attached minutes for your approval. IV. Fiscal Impact Summary: V. Legal Impact: VI. Recommendation: Approve VII. Alternative Actions: VIII. Attachments: 1.minutes 05.08.2014 CC Minutes.doc KENNEDALE CITY COUNCIL MINUTES REGULAR MEETING May 8, 2014 CITY HALL COUNCIL CHAMBERS, 405 MUNICIPAL DRIVE I. CALL TO ORDER Mayor Clark called the meeting to order at 5:30PM. II. WORK SESSION A. Presentation of the Water/Sewer Master Plan by Freese and Nichols Engineers. Larry Ledbetter introduced Jessica Brown and Jessica Vassar from Freese and Nichols, Inc, who presented the updated Master Plan and Capital Improvement Plan. Highlights of the plan included hydraulic modeling, population projections, and an array of water and wastewater build-out options for both water and wastewater. The full plan is available in the City Secretary’s Office for anyone who wishes to view it. City Council held a lengthy discussion on the options posed by the plan, including potential projects with the City of Fort Worth, the City of Arlington, eventual decommissioning of wells, and other potential options. B. At this time the City Council will move to the Conference Room to conduct a Board/Commission applicant interview. City Council interviewed Glen ‘Mickey’ Shark, an applicant for the currently vacant Place 5 of the Parks and Recreation Board. III. REGULAR SESSION IV. ROLL CALL V. INVOCATION VI. UNITED STATES PLEDGE VII. TEXAS PLEDGE VIII. VISITOR/CITIZENS FORUM No one signed up to speak and the forum was closed. IX. REPORTS/ANNOUNCEMENTS A. Updates from the Mayor. Page 2 of 4 - Certificates of appreciation to the 2013-2014 Youth Advisory Council Mayor Clark issued certificates to Ashley Luu, Morgan Biscoe, Nadeya Patel, and Emily Beck. Elias Noorzad and Hailey Green also received certificates but were unable to attend the meeting. - Application and appointment process for City Council Place 3 vacancy Mayor Clark announced that the online application for the Council Place 3 vacancy would be available until June 4 th at 5:00PM. Mayor Clark also announced that he attended a recent celebration of the upcoming 360 expansion in Mansfield. Bob Hart was also in attendance. He noted that construction on this project would begin in 2015. B. Updates from City Council. Councilmember Overstreet noted than he, along with Councilmember Johnson attended a recent regional transportation summit in Mansfield, which was productive. Councilmember Fernandez noted that he attended the recent UTA presentation of a marketing study that was conducted for the TownCenter are of Kennedale. He noted that the presentation was very informative and that some members of Council, the Planning and Zoning Commission, and the Economic Development Commission were in attendance. C. Updates from the City Manager. No update was given. X. CONSENT ITEMS A. Consider authorizing City Manager to execute a contract with Tarrant County Tax Office for the assessment and collection of ad valorem taxes levied by the City of Kennedale for the 2014 tax year. B. Discuss and consider approval of Resolution 425, denying the rate increase requested by Atmos Energy Corporation, Mid-Tex Division. C. Consider approval of minutes from April 10, 2014 regular meeting. Motion To approve the consent agenda as presented. Action Approve, Moved By Kelly Turner, Seconded By Frank Fernandez. Motion Passed Unanimously XI. REGULAR ITEMS A. Consider appointment of Ashley Luu, Nadeya Patel, Emily Beck, Morgan Biscoe, Samantha Randolph, Nicholas Johnson, Danielle Quaye, Shelby Flowers, Alison Villaire, and Jillian Melbourne to the 2014-2015 Youth Advisory Council. Motion To appoint Ashley Luu, Nadeya Patel, Emily Beck, Morgan Biscoe, Samantha Randolph, Nicholas Johnson, Danielle Quaye, Shelby Flowers, Alison Villaire, and Jillian Melbourne to the 2014-2015 Youth Advisory Council. Action Approve, Moved By Brian Johnson, Seconded By Charles Overstreet. Motion Passed Unanimously B. Discuss and consider appointing Glenn Shark to Place 5 of the Parks and Recreation Board. Motion To appoint Glen ‘Mickey’ Shark to Place 5 of the parks and Recreation Board. Action Approve, Moved By Liz Carrington, Seconded By Kelly Turner. Page 3 of 4 Motion Passed Unanimously C. Case # PZ 14-04 Public hearing and consideration of Ordinance 546 and Ordinance 547 regarding a request by Oscar and Wanda Rountree and Patricia Beatty and Johnny Byrd for a zoning change from “C-2” General commercial district to “PD” Planned development district (residential) for approximately 6 acres located at 6559 Hudson Village Creek Rd and 4079 Kennedale New Hope Rd, Joel Snyder Survey A-1448 1B and 1 C, being a portion of a tract as described in a deed to Oscar and Wanda Rountree, Instrument no. D190172874 and being a tract of land as described in a deed to Patricia Beatty, Instrument no. D198096319, Kennedale, Tarrant County. 1.Staff presentation Rachel Roberts approached the Council, noting that this case is requesting that the included properties be rezoned from commercial to planned development. While this case deals with two separate properties, the applicants were asked to apply for the zoning change together as the properties are adjoined. This zoning adjustment complies with the comprehensive land use plan and aligns with the Council’s balanced scorecard strategic priorities. The case was seen by the Planning and Zoning Commission in April. 2.Applicant presentation Regarding O546 – Stan Rountree approached the Council, noting that his family owns the land and would like to subdivide in order to build an additional home for a family member. Regarding O547 – The applicant was not in attendance. 3.Public hearing Mayor Clark 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 No response was necessary. 6.Action by the City Council on Ordinance 546 -- Snyder PD-1, Rountree property, Hudson Village Creek Rd Motion To approve Ordinance 546, regarding the Snyder PD-1, Rountree property, Hudson Village Creek Rd. Action Approve, Moved By Kelly Turner, Seconded By Charles Overstreet. Motion Passed Unanimously 7.Action by the City Council on Ordinance 547 -- Snyder PD-2, Beatty/Byrd property, New Hope Rd Motion To approve Ordinance 547, regarding the Snyder PD-2, Beatty/Byrd property, New Hope Rd Action Approve, Moved By Charles Overstreet, Seconded By Liz Carrington. Motion Passed Unanimously D. Discuss and approve calendar for FY2014-2015 budget preparations. Sakura Moten Dedrick presented the proposed calendar of meeting dates for this year’s budget timeline. Council did not have any objections to the proposed calendar. Page 4 of 4 E. Consider acceptance of the Water/Wastewater Master Plan from Freese and Nichols Engineers. Mayor Clark reiterated information that was presented in work session item A, noting that interested residents could view the full plan in the City Secretary’s Office at any time. Motion To accept the Water/Wastewater Master Plan from Freese and Nichols Engineers. Action Approve, Moved By Brian Johnson, Seconded By Charles Overstreet. Motion Passed Unanimously Mayor Clark recessed into executive session at 7:34PM. 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 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. XIII. RECONVENE INTO OPEN SESSION, AND TAKE ACTION NECESSARY PURSUANT TO EXECUTIVE SESSION, IF NEEDED Mayor Clark reconvened into open session at 9:10PM. No action pursuant to executive session was necessary. XIV. ADJOURNMENT Motion To adjourn. Action Adjourn, Moved By Liz Carrington, Seconded By . Kelly Turner. Motion Passed Unanimously The meeting was adjourned at 9:12PM. APPROVED:ATTEST: __________________________________________________________________ Mayor John Clark City Secretary Amethyst G. Sloane ______________________Staff Report to the Honorable Mayor and City Council Date: June 12, 2014 Agenda Item No: CONSENT ITEMS - B. I. Subject: Consider approval of minutes from the May 13, 2014 special meeting. II. Originated by: Amethyst G. Sloane, City Secretary and Communications Coordinator III. Summary: Please see the attached minutes for your approval. IV. Fiscal Impact Summary: V. Legal Impact: VI. Recommendation: Approve VII. Alternative Actions: VIII. Attachments: 1.minutes 05.13.2014 CC Minutes - Special.doc KENNEDALE CITY COUNCIL MINUTES SPECIAL MEETING May 13, 2014 CITY HALL COUNCIL CHAMBERS, 405 MUNICIPAL DRIVE I. CALL TO ORDER Mayor Clark called the meeting to order at 5:55PM. II. ROLL CALL Present: John Clark, Frank Fernandez, Charles Overstreet, Liz Carrington, Brian Johnson, Kelly Turner Absent: none III. REGULAR ITEMS A. Issue official oaths of office for May 2014 - May 2016 terms: - Mayor, Brian Johnson - Place 2, Liz Carrington - Place 4, Kelly Turner City Secretary Amethyst Sloane issued the oath of office to Brian Johnson, Liz Carrington, and Kelly Turner. Mayor Clark welcomed Mayor Johnson and officially handed over the position. Mayor Johnson thanked Mayor Clark for his years of service to the community and presented him with a thank-you gift from the Council and City Staff. B. Elect a Mayor Pro-Tem. Motion To elect Kelly Turner to the position of Mayor Pro-Tem. Action Approve, Moved By Charles Overstreet, Seconded By Liz Carrington. Motion Passed Unanimously IV. ADJOURNMENT Motion To adjourn. Action Adjourn, Moved By Liz Carrington, Seconded By Charles Overstreet. Motion Passed Unanimously The meeting was adjourned at 6:15PM. APPROVED:ATTEST: __________________________________________________________________ Mayor Brian Johnson City Secretary Amethyst G. Sloane ______________________Staff Report to the Honorable Mayor and City Council Date: June 12, 2014 Agenda Item No: CONSENT ITEMS - C. I. Subject: Consider approval of minutes from the May 16, 2014 special meeting. II. Originated by: Amethyst G. Sloane, City Secretary and Communications Coordinator III. Summary: Please see the attached minutes for your approval. IV. Fiscal Impact Summary: V. Legal Impact: VI. Recommendation: Approve VII. Alternative Actions: VIII. Attachments: 1.minutes 05.16.2014 CC Minutes - Special.doc KENNEDALE CITY COUNCIL MINUTES REGULAR MEETING May 16, 2014 CHAMBER OF COMMERCE CONFERENCE ROOM, 205 W KENNEDALE PARKWAY I. CALL TO ORDER Mayor Johnson called the meeting to order at 8:35AM. II. ROLL CALL Present: Brian Johnson, Charles Overstreet, Liz Carrington, Kelly Turner, Frank Fernandez. Absent: none. Note, at this time Council Place 3 is vacant. Staff Present: City Manager Bob Hart, Meeting Facilitator Mike Conduff. III. WORK SESSION A. Annual full-day budget and strategic planning workshop. The Council held a full-day workshop regarding strategic prioritization, budget planning, and other related topics. IV. ADJOURNMENT Motion To adjourn. Action Adjourn, Moved By Liz Carrington, Seconded By Charles Overstreet. Motion Passed Unanimously The meeting was adjourned at 3:26PM. APPROVED:ATTEST: __________________________________________________________________ Mayor John Clark City Secretary Amethyst G. Sloane ______________________Staff Report to the Honorable Mayor and City Council Date: June 12, 2014 Agenda Item No: CONSENT ITEMS - D. I. Subject: Consider approval of minutes from the June 3, 2014 special meeting. II. Originated by: Amethyst G. Sloane, City Secretary and Communications Coordinator III. Summary: Please see the attached minutes for your approval. IV. Fiscal Impact Summary: V. Legal Impact: VI. Recommendation: Approve VII. Alternative Actions: VIII. Attachments: 1.minutes 06.03.2014 CC Minutes - Special.doc KENNEDALE CITY COUNCIL MINUTES SPECIAL MEETING June 3, 2014 CITY HALL COUNCIL CHAMBERS, 405 MUNICIPAL DRIVE I. CALL TO ORDER Mayor Johnson called the meeting to order at 5:30PM. II. ROLL CALL Present: Brian Johnson, Charles Overstreet, Liz Carrington, Kelly Turner, Frank Fernandez. Absent: none. Note, at this time Council Place 3 is vacant. Staff Present: City Manager Bob Hart, City Attorney Wayne K. Olson, Human Resources Director Kelly Cooper III. REGULAR ITEMS A. Discuss and consider approval of Ordinance 548, approving a Project Plan and Finance Plan for the City of Kennedale Tax Increment Reinvestment Zone #1. Bob Hart noted that this plan was been passed by the TIRZ board last year, and City Council must also approve the plan for it to be considered complete. Motion To approve Ordinance 548 approving a Project Plan and Finance Plan for the City of Kennedale Tax Increment Reinvestment Zone #1, as presented. Action Approve, Moved By Kelly Turner, Seconded By Charles Overstreet. Motion Passed Unanimously Mayor Johnson recessed into executive session at 5:34PM. 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 development agreements. 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 governmental body seeks to have locate, stay, or expand in the City of Kennedale. Page 2 of 2 V. RECONVENE INTO OPEN SESSION, AND TAKE ACTION NECESSARY PURSUANT TO EXECUTIVE SESSION, IF NEEDED Mayor Johnson reconvened into open session at 5:36PM. All discussion related to items V-A and V-B were discussed at length in executive session. Back in open session, Bob Hart noted that these agreements aligned with Council’s previously discussed strategic priorities and the long-term strategy of the TIRZ. As the Councilmembers did not have additional questions related to the agreements, no further discussion was necessary. A. Discuss and consider approval of a Development Agreement with HM Real Estate Management, Ltd. for the development and use of property along New Hope Road within the boundaries of Tax Increment Reinvestment Zone #1. Motion To approve a Development Agreement with HM Real Estate Management, Ltd. for the development and use of property along New Hope Road within the boundaries of Tax Increment Reinvestment Zone #1 as presented. Action Approve, Moved By Frank Fernandez, Seconded By Kelly Turner. Motion Passed Unanimously B. Discuss and consider approval of Resolution No. 426, approving a TIRZ Development Agreement with HM Real Estate Management, Ltd. for reimbursement of project costs for the construction of public improvements in the Project and Finance Plan for the City of Kennedale Tax Increment Reinvestment Zone #1. Motion To approve Resolution No. 426, regarding a TIRZ Development Agreement with HM Real Estate Management, Ltd. for reimbursement of project costs for the construction of public improvements in the Project and Finance Plan for the City of Kennedale Tax Increment Reinvestment Zone #1 as presented. Action Approve, Moved By Kelly Turner, Seconded By . Liz Carrington. Motion Passed Unanimously VI. ADJOURNMENT Motion To adjourn. Action Adjourn, Moved By Liz Carrington, Seconded By . Charles Overstreet. Motion Passed Unanimously The meeting was adjourned at 6:38PM. APPROVED:ATTEST: __________________________________________________________________ Mayor Brian Johnson City Secretary Amethyst G. Sloane ______________________Staff Report to the Honorable Mayor and City Council Date: June 12, 2014 Agenda Item No: CONSENT ITEMS - E. I. Subject: Consider approval of minutes from the June 9, 2014 special meeting. II. Originated by: Amethyst G. Sloane, City Secretary and Communications Coordinator III. Summary: Minutes from the June 9 candidate interview meeting will be available 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: June 12, 2014 Agenda Item No: CONSENT ITEMS - F. I. Subject: Consider approval of minutes from the June 10, 2014 special meeting. II. Originated by: Amethyst G. Sloane, City Secretary and Communications Coordinator III. Summary: Minutes from the June 10 candidate interview meeting will be available 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: June 12, 2014 Agenda Item No: CONSENT ITEMS - G. I. Subject: 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. II. Originated by: Bob Hart III. Summary: Please see the attached background information and Resolution from Tarrant County. IV. Fiscal Impact Summary: V. Legal Impact: VI. Recommendation: Approve VII. Alternative Actions: VIII. Attachments: 1.Background Information 20140527092734173.pdf 2.Resolution 20140527092740464.pdf TARRANT COUNTY COMMISSIONERS COURT ADMINISTRATOR'S OFFICE COMMUNITY DEVELOPMENT DIVISION Patricia Ward, Director May 20, 2014 Honorable John Clark City of Kennedale 405 Municipal Dr. Kennedale, TX 76060 RE: Urban County Re- qualification for CDBG and HOME programs 2015 -2017 Dear Mayor: In order to continue to receive Community Development Block Grant (CDBG), HOME Investment Partnership (HOME), and Emergency Solutions Grant (ESG) Entitlement funding through 2017, Tarrant County must once again qualify as an Urban County under the CDBG, HOME and ESG programs. Tarrant County is eligible to receive U. S. Department of Housing and Urban Development entitlement grant funds by having a combined population of 200,000 or more from unincorporated areas and participating municipalities. Entitlement counties must re- qualify every three years to maintain funding status. By May 23, 2014, Tarrant County must notify all currently participating municipalities, the option to be excluded from the urban county. Any currently included unit of general local government that elects to be excluded from the Tarrant Count,, urban county consortium must notify the county and HUD in writing, that it elects to be excluded by June 20, 2014 Participating municipalities are also notified that they are not eligible to apply for grants under the State CDBG program while they are part of the urban county, and that, in becoming a part of the urban county; they automatically participate in the HOME program as Tarrant County receives HOME funding. This does not preclude the Tarrant County or a unit of government within the county from applying to the state for HOME funds, if the State allows. By June 30, 2014, any city or town that is not currently participating in Tarrant County's consortium and chooses to participate for the remaining third year of Tarrant County's qualification period must notify the county and the HUD Field Office in writing that it elects to be included. 1509B South University Drive, Suite 276, Fort Worth, Tx 76107, 817/850 -7940, Fax 817/850 -7944 If your city /town is currently part of the consortium and would like to continue to remain in the Tarrant County consortium, please Sian all five (5) attachments and return to our office by June 30, 2014 New language has been added per U.S. Department of Housing and Urban Development Notice: CPD- 14 -07. Pending further changes in future re- certification agreements, this agreement will be automatically renewable for future 3 -year requalification. We appreciate the continued collaboration with each city. If you have further questions or concerns regarding this notice, please contact Patricia Ward, Director of Community Development, at 817- 850 -7940. S Patricia W Director cc: Honorable B. Glen Whitley, Tarrant County Judge Mr. G.K. Maenius, Tarrant County Administrator Ms. Amethyst Cirmo, City Secretary /Administrator 11 1 11111 F I 29 cities in Tarrant County Consortium Inicudes 4 city entitlements*) Consortium of Cities Cities that did NOT join 1 City of Azle City of Colleyville 2 City of Bedford Town of Edgecliff Village 3 City of Benbrook City of Pelican Bay 4 City of Blue Mound Town of Westlake 5 City of Burleson Town of Westover Hills 6 City of Crowley 7 City of Dalworthington Gardens 8 City of Euless* 9 City of Everman 10 City of Forest Hill 11 City of Grapevine* 12 City of Haltom City 13 City of Haslet 14 City of Hurst 15 City of Keller 16 City of Kennedale 17 Town of Lakeside 18 City of Lake Worth 19 City of Mansfield* 20 City of North Richland Hills* 21 Town of Pantego 22 City of Richland Hills 23 City of River Oaks 24 City of Saginaw 25 City of Sansom Park 26 City of Southlake 27 City of Watauga 28 Town of Westworth Village 29 City of White Settlement 29 cities in Tarrant County Consortium Inicudes 4 city entitlements*) RESOLUTION # RESOLUTION REGARDING CITY OF KENNEDALE PARTICIPATION IN TARRANT COUNTY'S COMMUNITY DEVELOPMENT BLOCK GRANT, HOME INVESTMENT PARTNERSHIP AND EMERGENCY SOLUTIONS GRANT CONSORTIUM FOR THE THREE PROGRAM YEAR PERIOD, FISCAL YEAR 2015 THROUGH FISCAL YEAR 2017. WHEREAS, Title I of the Housing and Community Act of 1974, as amended through the Housing and Community Act of 1992, establishes a program of community development block grants for the specific purpose of developing viable communities by providing decent housing and suitable living environment and expanding economic opportunities principally for persons of low and moderate income, and WHEREAS, Title II of the Cranston - Gonzalez National Affordable Housing Act, as amended, establishes the HOME Investment Partnership Act to expand the supply of decent, safe, sanitary and affordable housing for very low- income and low- income Americans, and WHEREAS, Tarrant County has been designated an "Urban County" by the Department of Housing and Urban Development entitled to a formula share of Community Development Block Grant (CDBG), HOME Investment Partnership HOME) and Emergency Solutions Grant (ESG) program funds provided said County has a combined population of 200,000 persons in its unincorporated areas and units of general local government with which it has entered into cooperative agreements, and WHEREAS, Article III, Section 64 of the Texas Constitution authorizes Texas counties to enter into cooperative agreements with local governments for essential Community Development and Housing Assistance activities, and WHEREAS, the City of Kennedale shall not apply for grants under the State CDBG Program from appropriations for fiscal years during the period in which it is participating in Tarrant County's CDBG program, and WHEREAS, the City of Kennedale shall not participate in a HOME consortium except through Tarrant County, regardless of whether or not Tarrant County receives a HOME formula allocation, and WHEREAS, through cooperative agreements Tarrant County has authority to carry out activities funded from annual Community Development Block Grant (CDBG), HOME Investment Partnership (HOME) and Emergency Solutions Grant (ESG) Program Allocation from Federal Fiscal Years 2015, 2016, and 2017 appropriations and from any program income generated from the expenditure of such funds, and WHEREAS, Tarrant County and the City of Kennedale agree to cooperate to undertake, or assist in undertaking, community renewal and lower income housing assistance activities, and WHEREAS, Tarrant County will not fund activities in, or in support of, any cooperating unit of general local government that does not affirmatively further fair housing within its own jurisdiction or that impedes the county's actions to comply with the county's fair housing certification, and WHEREAS, Tarrant County will not fund activities in support of City of Kennedale that does not comply with section 109 of Title I of the Housing and Community Development Act of 1974, which incorporates Section 504 of the Rehabilitation Act of 1973 and the Age Discrimination Act of 1975, and other applicable laws, and WHEREAS, the City of Kennedale has adopted and is enforcing a policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non- violent civil rights demonstrations and WHEREAS, the City of Kennedale has adopted and is enforcing a policy of enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location which is the subject of such non - violent civil rights demonstrations within jurisdictions, and WHEREAS, Tarrant County and the City of Kennedale shall take all actions necessary to assure compliance with the Urban County's certification required by section 104 (b) of Title I of the Housing and Community Development Act of 1974, as amended, including Title VI of the Civil Rights Act of 1964, and Title VIII of the Civil Rights Act of 1968, section 109 of Title I of the Housing Community Development Act of 1974, and other applicable laws, and WHEREAS, prior to disbursing any CDBG, HOME and ESG Program funds to a subrecipient, Tarrant County shall sign a written agreement with such subrecipient, and WHEREAS, the City of Kennedale agrees to inform the county of any income generated by the expenditure of CDBG funds received and that any such program income must be paid to the county to be used for eligible activities in accordance with all CDBG, HOME and ESG Program requirements, and WHEREAS, in accordance with 24 CFR 570.501(b), Tarrant County is responsible for ensuring that CDBG, HOME and ESG funds are used in accordance with all program requirements, including monitoring and reporting to U.S. Department of Housing and Urban Development on the use of program income and that in the event of close -out or change in status of the City of Kennedale, any program income that is on hand or received subsequent to the close -out of change in status shall be paid to the county, and WHEREAS, in accordance with 24 CFR 570.501(b), Tarrant County, as the recipient is responsible for ensuring that CDBG funds are used in accordance with all program requirements. The use of designated public agencies, subrecipients, or contracts does not relieve Tarrant County of this responsibility. Tarrant County is also responsible for determining the adequacy of performance under subrecipient agreements and procurement contracts, and for taking appropriate action when performance problems arise, such as the actions described in §570.910. Where a city is participating with, or as part of Tarrant County Urban County, as a participating unit, or as part of a metropolitan city, the County is responsible for applying to the unit of general local government the same requirements as are applicable to subrecipients, except that the five -year period identified under §570.503 (b) (8) (i) shall begin with the date that the unit of general local government is no longer considered by HUD to be a part of the metropolitan city or urban county, as applicable, instead of the date the subrecipient agreement expires. WHEREAS, the City of Kennedale agrees to notify Tarrant County of any modification or change in the use of the real property from that planned at the time of acquisition or improvement, including disposition, and further agrees to reimburse the County in an amount equal to the current fair market value (less any portion thereof attributable to expenditure of non -CDBG funds) of property acquired or improved with CDBG funds that is sold or transferred for a use which does not qualify under the CDBG regulations, and WHEREAS, any money generated from disposition or transfer of property will be treated as program income and returned to the county prior to or subsequent to the close -out, change of status or termination of the cooperation agreement between county and the City of Kennedale; WHEREAS, Tarrant County and City of Kennedale may not sell, trade, or otherwise transfer all or any portion of such funds to another such metropolitan city, urban county, unit of general local government, or Indian tribe, or insular area that directly or indirectly receives CDBG funds in exchange for any other funds, credits or non - Federal considerations, but must use such funds for activities eligible under title I of the Act in the Transportation, Housing and Urban Development, and Related Agencies Appropriations Act, 2014, Pub. L. 113 -76. NOW, THEREFORE, BE IT RESOLVED, by the City of Kennedale, that the City Council of Kennedale, Texas supports the application of Tarrant County for funding from Housing and Community Development Act of 1974, as amended, and Cranston - Gonzalez National Affordable Housing Act, as amended, and asks that its population be included for three successive years with that of Tarrant County, Texas to carry out Community Development Program Activities Eligible for Assistance under Public Law 93 -383, and Affordable Housing activities under Public Law 101 -625, and authorizes the Mayor of Kennedale, Texas to sign such additional forms as requested by the Department of Housing and Urban Development pursuant to the purposes of the Resolution, and further that the City of Kennedale, Texas understands that Tarrant County will have final responsibility for selecting projects and filing annual grant requests. BE IT FURTHER RESOLVED, this agreement will automatically be renewed for participation in successive three -year qualification periods, unless Tarrant County or the City of Kennedale provides written notice it elects not to participate in a new qualification period. Tarrant County will notify the City of Kennedale in writing of its right to make to such election on the date specified by the U.S. Department of Housing and Urban Development in HUD's urban county qualification notice for the next qualification period. Any amendments or changes contained within the Urban County Qualification Notice applicable for a subsequent three -year urban county qualification period must be adopted by Tarrant County and the City of Kennedale, and submitted to HUD. Failure by either party to adopt such an amendment to the agreement will void the automatic renewal of this agreement. This agreement remains in effect until CDBG, HOME, ESG funds and income received to the fiscal 2015, 2016, 2017 programs, and to any successive qualification periods provided through the automatic renewal of this agreement, are expended and the funded activities completed, neither Tarrant County nor the City of Kennedale may terminate or withdraw from the agreement while the agreement remains in effect. Official notice of amendments or changes applicable for a subsequent three -year urban county agreement shall be in writing and be mailed by certified mail to the City Secretary of the City of Kennedale. Any notice of changes or amendments to this agreement by the City of Kennedale to Tarrant County shall be in writing to the Tarrant County Community Development Division Director. PASSED AND APPROVED THIS ATTEST: CITY SECRETARY Commissioners Court Clerk day of , 2014 D MAYOR County Judge Approval Form for District Attorney Approved as to Form* By law, the District Attorney's Office may only advise or approve contracts or legal documents on behalf of its clients. It may not advise or approve a contract or legal document on behalf of other parties. Our review of this document was conducted solely from the legal perspective of our client. Our approval of this document was offered solely for the benefit of our client. Other parties should not rely on this approval, and should seek review and approval by their own respective attorney(s). ______________________Staff Report to the Honorable Mayor and City Council Date: June 12, 2014 Agenda Item No: REGULAR ITEMS - A. I. Subject: Consider appointing a Council member to serve on the Kennedale TownCenter Development District Board. II. Originated by: Bob Hart III. Summary: Mayor Johnson, who previously served on the TownCenter Development District (TDD) as one of 2 appointed councilmembers, will now serve on the TDD as Mayor, which leaves one councilmember TDD seat vacant. Council needs to appoint one member to serve in this place. The TDD meets 1 or 2 times per year. TDD membership: EDC President: Robert Mundy EDC Board Member: Mark Yeary Mayor:Brian Johnson Councilmember:Frank Fernandez Councilmember:Vacant 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: June 12, 2014 Agenda Item No: REGULAR ITEMS - B. I. Subject: Consider approval of the 2014 Election Register. II. Originated by: Amethyst G. Sloane, City Secretary and Communications Coordinator III. Summary: The election register attached is being submitted for the approval of the Council. The register must be approved by Council at the first official meeting following the general election date, regardless of cancellation of the election. IV. Fiscal Impact Summary: V. Legal Impact: VI. Recommendation: Approve VII. Alternative Actions: VIII. Attachments: 1.Election Register ELECTION REGISTER PAGE 68.docx ELECTION REGISTER PAGE 68 Election Date: May 10, 2014 Ordinance: 544 Election: Three Councilmembers The following candidates, who are unopposed in the May 10, 2014 General Election, are hereby declared elected to office: Mayor : Brian Johnson Council Place 2:Liz Carrington Council Place 4: M. Kelly Turner ADOPTED AND APPROVED this 12 th day of June, 2014. Mayor, Brian Johnson ATTEST: Amethyst G. Sloane, City Secretary Staff Report to the Commissioners Date: June 12, 2014 Agenda Item No: REGULAR ITEMS - B I. Subject: Case PZ 14-03 to receive comments and consider action on 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 (2) Applicant Presentation (3) Public Hearing (4) Applicant Response (5) Staff Response and Summary (6) Action by the City Council II. Originated by: Rachel Roberts, City Planner III. Summary: Request: vacate (abandon) public right-of-way Location: adjacent to 1453 J R Hawkins (Joplin Rd at J R Hawkins Rd) Applicant: Sidney DaSilva (owner of adjacent property) Staff recommendation: approve with fair market value to be paid by applicant Planning & Zoning Commission recommendation: approve as recommended by staff Background. Mr. DaSilva acquired the property at the corner of Joplin and J. R. Hawkins roads in 2011. He bought the property at auction and did not realize at the time how much of his property was dedicated for right-of-way. The right-of-way belongs to the City of Arlington, but it is within the Kennedale city limits. Kennedale city code provides a means for residents and developers to petition the city to abandon public right-of-way. Because the lot is so awkward-shaped, staff let Mr. DaSilva know there might be a possibility of petitioning Arlington to ask if that city would be willing to abandon a portion of the right-of-way. Mr. DaSilva spoke with employees at Arlington, who said they would prefer Kennedale process the right-of-way request, since the land is located within our city limits. Mr. DaSilva, as a developer, would like to subdivide his property into two lots. The property in its current size is large enough to subdivide into two legal lots, but Mr. DaSilva would like the city to abandon a portion of the right-of-way so that he could have larger lots than would be possible now.