2009_01.20 EDC Agenda PacketNOTICE OF MEETING OF THE
KENNEDALE ECONOMIC DEVELOPMENT CORPORATION
BOARD OF DIRECTORS
KENNEDALE, TEXAS
Notice is hereby given that a Regular Meeting will be held by the Kennedale Economic
Development Corporation Board of Directors on the 20 day of January 2009 at 7:15
P.M.. in the Kennedale Municipal Building Council Chambers located at 405 Municipal
Drive, Kennedale, Texas, at which time the following subjects will be discussed to wit:
(SEE ATTACHED AGENDA)
Dated this 16 day of January 2009.
By: Robert P. Mundy, President
I, the undersigned authority, do hereby certify that the above Notice of Meeting of
the Economic Development Corporation Board of Directors is a true and correct copy of
said Notice and that I posted a true and correct copy of said Notice on the bulletin board
of City Hall of said City in Kennedale, Texas, a place convenient and readily accessible to
the general public at all times, and said Notice was posted on January 16, 2009 at 5:15
o'clock P.M., and remained so posted continuously for at least 72 hours preceding the
scheduled time of said Meeting.
Persons with disabilities who plan to attend this meeting and who may need
auxiliary aids or services such as interpreters for persons who are deaf or hearing
impaired, readers, large print, are requested to contact the undersigned at (817) 483 -1296
five (5) work days prior to the meeting so that appropriate arrangements can be made.
Dated this the 16 day of January 2009.
By:
Kathy Turner, Secretary to EDC
CITY OF KENNEDALE, TEXAS
OFFICE OF THE CITY SECRETARY
KEDC ROLL CALL
DATE: JANUARY 20, 2009
START TIME: W. , / PM
END TIME:
ROLL CALL:
CITY STAFF PRESENT:
PRESENT
ABSENT
PRESIDENT
ROBERT MUNDY - P4
VICE PRESIDENT
BEVERLY HAYES - P3
BOARD OF DIRECTOR
DARRELL ERWIN - PI
BOARD OF DIRECTOR
DOU RG PARKER - P2
BOARD OF DIRECTOR
DONNIE GRAHAM - P5
BOARD OF DIRECTOR
MARK YEARY - P6
BOARD OF DIRECTOR
REBECCA MOWELL -P 7
CITY STAFF PRESENT:
PRESENT
ABSENT
CITY MANAGER
BOB HART
CITY SECRETARY
KATHY TURNER
MIKE SOAB
KEDC DIRECTOR
AGENDA
KENNEDALE ECONOMIC DEVELOPMENT CORPORATION
BOARD OF DIRECTORS
REGULAR MEETING — JANUARY 20, 2009
405 MUNICIPAL DR. — KENNEDALE MUNICIPAL BLDG.
COUNCIL CHAMBERS
7:15 PM
CALL TO ORDER
ROLL CALL
I. REGULAR ITEMS
a. Review and consider action to approve minutes; regular meeting dated November
12, 2008.
b. Review and consider action to approve KEDC Financial Reports.
C. Review and consider a Resolution supporting the filing of legislation to create a
Municipal Management District for development of the TownCenter.
d. Review and consider Public Art Projects and EDC's Sponsorship Role.
e. Review and consider action to change date and time of future meetings.
II. PRESENTATION
a. President, Robert Mundy will present retiring Economic Development Director,
Mike Soab with a plaque.
III. STAFF ANNOUNCEMENTS/REPORTS
a. KEDC Director Announcement/Reports
1. Departing comments by ED Director.
2. Update on grants for 08/09 and on upcoming grant prospects.
IV. PRESIDENT/BOARD ANNOUNCEMENTS/REPORTS
a. President Announcements /Reports
1. Report agenda items to be posted for future meetings.
V. EXECUTIVE SESSION
a. The Board of Directors will meet in closed session pursuant to Section 551.072 of
the Texas Government Code to deliberate the purchase, sale, exchange, lease, or
value of real property.
1. Discuss the parameters for a development agreement with David Johnson for
development of the TownCenter.
Page 1 of 2
V. EXECUTIVE SESSION CONTINUED
b. The Board of Directors will meet in closed session pursuant to Section 551.074 of
the Texas Government Code to deliberate the appointment, employment,
evaluation, reassignment, duties, discipline, or dismissal of a public officer or
employee.
VI. RECONVENE INTO OPEN SESSION AND TAKE ACTION NECESSARY
PURSUANT TO EXECUTIVE SESSION.
a. Review and consider action to approve Resolution granting a 120 -day extension of
the feasibility period agreement with David Johnson for development of the
TownCenter.
P . 1010le"
Page 2 of 2
To KEDC Board of Directors
Date: January 12, 2009
Agenda Item No: I -a
Subject: Review and consider approval of meeting minutes.
Originated by: Kathy Turner, KEDC Secretary
Summary: A draft copy of the meeting minutes dated November 12, 2008 are attached for
your review and consideration.
Recommendation: Recommend Approval.
Disposition by KEDC Board of Directors:
'ld
287
KENNEDALE ECONOMIC DEVEIVARIENT CORPORATION
REGULAR BER 12, 2008
405 MUNICIPAL ICIPAL BLDG.
President, Robert Mundy called the meeting to order at 7:17 p.m.
Members present: President, Robert Mundy, Vice President, Beverly Hayes, Board of Directors
Doug Parker, Mark Yeary, Darrell Erwin, Rebecca Mowell, and Donnie Graham.
Members absent: None.
Staff present: Bob Hart, Executive Director; and Mike Soab, KEDC Director.
I. REGULAR ITEMS
a. Review and consider action to approve minutes: regular meeting dated October
21, 2008, and special meeting dated October 28, 2008.
Doug Parker moved to approve the above minutes as written, second by Mark
Yeaiy. Motion carried. (7 -0)
b. Review and consider action to approve KEDC Financial Reports.
Darrell Erwin moved to approve financial reports as submitted, second by
Donnie Graham. Motion carried. (7 -0)
c. Review and consider action to change date and time of future meetings.
After a brief discussion and no recommendations to move meeting date, it was
said that regular meeting scheduled for Tuesday, December 16, 2008 would
stand.
d. Discussion of Economic Development Director's position.
Mike Soab, KEDC Director announced his retirement effective January 31, 2009.
II. STAFF ANNOUNCEMENTS/REPORTS
a. KEDC Director Announcement /Reports
1. Update on TownCenter Projects.
Mike Soab, KEDC Director informed the Board that they were in a due
diligence period until January 31, 2009 with David Johnson to move forward
with the development of the TownCenter.
288
2. Update on grants for 08/09 and on upcoming grant prospects.
Mike Soab, KEDC Director provided an update on the on -going grants for The
Pit Stop Cafe and Lance Crosswhite, as well as an overall grant status
worksheet for fiscal year 2008.
III. PRE,SIDENT/BOARD ANNOUNCEMENTS/REPORTS
a. President Announcements/Reports
1. Report agenda items to be posted for future meetings.
President, Robert Mundy questioned board members if they had any items they
would like to see posted on a future agenda. No items were brought forth.
Additional discussion took place in regards to placement of agenda items on
future agendas. It was suggested that board members notify staff at least 72
hours in advance to have an item placed on the agenda, and preferably four
workdays in advance to allow for sufficient time to gather appropriate
information to distribute in packets.
No further discussion, President, Robert Mundy recessed the meeting at 7:32
p.m. to enter into executive session.
IV. EXECUTIVE SESSION
The Board of Directors will meet in closed session pursuant to Section 551.072 of
the Texas Government Code to deliberate the purchase, sale, exchange, lease, or
value of real property.
b. The Board of Directors will meet in closed session pursuant to Section 551.074 of
the Texas Government Code to deliberate the appointment, employment,
evaluation, reassignment, duties, discipline, or dismissal of a public officer or
employee.
V. RECONVENE INTO OPEN SESSION AND TAKE ACTION NECESSARY
PURSUANT TO EXECUTIVE SESSION.
President, Robert Mundy reconvened into open session at 8:22 p.m. with no action taken
on executive session items.
Rebecca Mowell moved to adjourn the meeting at 8:24 p.m., second by Darrell Erwin.
Motion carried. (7 -0)
ATTEST:
APPROVED:
Kathy Turner, Secretary to EDC President, Robert Mundy
To KEDC Board of Directors
Date: January 17, 2009
Agenda Item No: I -b.
Subject: Review and consider action to approve KEDC Financial Reports.
Originated by: Kathy Turner, Secretary to EDC
Summary: Sakura will have financial reports emailed to you for your review prior to the
Operating Expenditures
i
Operating Income /(Loss)
Nonoperating Revenues /(Expenses)
Interest Earnings
Transfers -In
(Transfers -Out)
Net Operating Income / (Loss)
Beginning Fund Balance (as of Oct. 1st)
Available Funds
Ending Fund Balance
(1,040,207) (49,049) (131,098)
(507,996 $ (15,232) $ (74,288)
50,000 1,482 3,470
(,11 1111A �5
TOTAL EDC REVENUES $ 592,127 $ 69,048 11.66% $ 582,211 $ 60,280
PERSONNEL COSTS
FY07-08
FY07-08 YTD
12.62%
FY08-09
FY08-09 YTD
SUPPLIES
EST ACTUAL
November-07
PERCENT
BUDGET
November-08
MAINTENANCE
FUND BALANCE CARRY FORWARD: 1 399
-
REVENUES
1,000
SERVICE
640,642
16,950
SALES TAXES
331,269
39,303
11.86%
357,011
66,811
INVESTMENT EARNINGS
48,456
12,474
25.74%
50,000
3,470
FUND 95 INVESTMENT EARNINGS
100,001
-
#DIV/01
-
-
RENTAL INCOME
212,403
17,271
8.13%
175,200
39,847
OTHER INCOME
-
40,652
0.00%
-
-
TRANSFERS IN
-
-
0.00%
TOTAL EDC REVENUES $ 592,127 $ 69,048 11.66% $ 582,211 $ 60,280
PERSONNEL COSTS
110,172
13,901
12.62%
108,109
13,838
SUPPLIES
9,107
763
8.38%
21,600
1,115
MAINTENANCE
30
-
0.00%
1,000
SERVICE
640,642
16,950
2.49%
527,371
71,164
UTILITIES
978
118
12.03%
600
-
GRANTS/ INCENTIVES
104,231
-
0.00%
100,001
-
TOWNCENTER
47,770
2,978
0.00%
74,210
4,330
CAPITAL
112,164
39,847
35.53%
207,316
40,652
TRANSFER OUT
100,000
-
-
-
TOTAL EDC EXPENDITURES $
1,124,993 $
73,557
6.64%
1,040,207
131,098
REVENUES IN EXCESS OF EXPENSES (457,996)
ENDING FUND BALANCE:
To KEDC Board of Directors
Date: January 20, 2009
Agenda Item No: I -c
Subject: Review and consider a Resolution supporting the filing of legislation to create a
Municipal Management District for development of the TownCenter.
Originated by: Bob Hart, City Manager
Summary: It appears the best structure to facilitate the development of the TownCenter is
through a municipal management district (MMD). The city council has reviewed and
endorsed proposed legislation creating the MMD. Included in the language is the
initial appointment of the EDC chair and vice -chair as MMD board members. Bob
Hart will review the proposed legislation. Chris Turner has agreed to introduce the
legislation early next month. The proposed resolution is intended to indicate a
unified front from the Kennedale community.
The EDC will discuss the parameters of a development agreement in executive
session in order to fully develop the linkage with the MMD.
Disposition by KEDC Board of Directors:
4 &U"Y-V &
COPY
January 9, 2009
Mike Soab, KEDC Director
Kennedale Economic Development Corporation
405 Municipal Drive
Kennedale, TX 76060
RE: Municipal Management District
Dear Mr. Soab:
CERTIFIED MAIL: 7000 0520 0021 6147 0782
I'm sending this letter to serve as notification that the Kennedale City Council has approved the
consideration of submission of state legislation to create a Municipal Management District for the
development of the TownCenter, as well as appointing the initial board of directors for such district.
Attached for your review is a copy of the bill to be entitled An Act relating to the creation of the
Kennedale TownCenter Development District. Also, the Kennedale City Council appointed the initial
board of directors, which consist of the following:
Two Year term to expire in June 2011
Robert Mundy, President, Kennedale Economic Development Corporation
John Clark, Mayor Pro -Tom of the Kennedale City Council
Jerry Miller, Kennedale City Councilmember
One Year term to expire in June 2010
Bryan Lankhorst, Mayor of the City of Kennedale
Beverly Hayes, Vice President, Kennedale Economic Development Corporation
Two Year term to expire in June 2011
Bob Hart, City Manager appointed Ex- Officio
Should you require any additional information or have any questions please feel free to contact
Bob Hart, City Manager at 817.985.2102.
Respectfully,
Kathy Turner, TRMC
City Secretary
Attachment
Pursuant to Government Code Section 313.002 the City of Kennedale intends to
apply for the passage of a local or special law to create the Kennedale TownCenter
Municipal Management District (district) as a political subdivision of the State of Texas
to administer and provide funding for community improvement projects and services in
the district. The district will be comprised of the property located in Block A Lot 1, lot 2,
lot I. and lot 4A of the Kennedale Retail Center Addition; Block A Lot 2 and Lot 3 of the
B.T. Webb Subdivision; and Municipal Drive from Third Street to Kennedale Parkway
(US Business Highway 287), which is located entirely within the City of Kennedale and
Tarrant County. The district will be a municipal management district similar to those
operating pursuant to Chapter 375 (Municipal Management Districts in General), Local
Government Code, and Title 4 (Development, Improvement, and Management), Special
District Local Law Code.
148
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A BILL TO BE ENTITLED
AN ACT
relating to the creation of the Kennedale TownCenter Development District; providing authority to impose a tax
and issue bonds.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. CREATION OF DISTRICT. (a) Kennedale TownCenter Development District is created
as a special district under Section 52, Article III and Section 59, Article XVI, Texas Constitution.
(b) The board by resolution may change the district's name.
SECTION 2. DECLARATION OF INTENT. (a) The creation of the district is necessary to promote,
develop, encourage, and maintain transportation, safety, employment, commerce, housing, tourism, recreation,
the arts, entertainment, economic development, and the public welfare in the area of the district.
(b) The creation of the district is essential to accomplish the purposes of Sections 52 and 52 -a, Article
III and Section 59, Article XVI, Texas Constitution, and other public purposes stated in this Act.
SECTION 3. DEFINITIONS. In this Act:
(1) "Board" means the board of directors of the district.
(2) "District" means Kennedale TownCenter Development District.
SECTION 4. BOUNDARIES. The district includes all the territory contained in the following
described area:
Block A Lot 1, lot 2, lot 3, and lot 4A of the Kennedale Retail Center Addition; Block A Lot 2 and Lot 3
of the B.T. Webb Subdivision; and Municipal Drive from Third Street to Kennedale Parkway (US Business
Highway 287).
SECTION 5. FINDINGS RELATING TO BOUNDARIES. The boundaries and field notes of the
district form a closure. A mistake in the field notes or in copying the field notes in the legislative process does
not in any way affect the district's:
(1) organization, existence, or validity;
(2) right to issue any type of bond for the purposes for which the district is created or to pay the
principal of and interest on a bond;
(3) right to impose or collect an assessment or tax; or
(4) legality or operation.
SECTION 6. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) The district is created to serve
a public use and benefit.
(b) All land and other property included in the district will benefit from the improvements and services
to be provided by the district under powers conferred by Sections 52 and 52 -a, Article III, and Section 59,
Article XVI, Texas Constitution, and other powers granted under this Act.
(c) The creation of the district is in the public interest and is essential to:
(1) further the public purposes of the development and diversification of the economy of the
state;
(2) eliminate unemployment and underemployment; and
(3) develop or expand transportation and commerce.
(d) The district will:
(1) promote the health, safety, and general welfare of residents, employers, employees, visitors,
and consumers in the district and of the public;
(2) provide needed funding to preserve, maintain, and enhance the economic health and vitality
of the district as a community; and
(3) promote the health, safety, welfare, and enjoyment of the public by providing pedestrian
ways and by landscaping and developing certain areas in the district, which are necessary for the restoration,
preservation, and enhancement of scenic beauty.
(e) Pedestrian ways along or across a street, whether at grade or above or below the surface, and street
lighting, street landscaping, and street art objects are parts of and necessary components of a street and are
considered to be a street or road improvement.
(f) The district will not act as the agent or instrumentality of any private interest even though the district
will benefit many private interests as well as the public.
SECTION 7. CONSTRUCTION OF ACT. (a) Chapter 311, Government Code (Code Construction
Act), applies to this Act.
(b) This Act shall be liberally construed in conformity with the findings and purposes set forth in this
Act.
(c) If any provision of the general law conflicts with this Act, this Act prevails.
SECTION 8. BOARD OF DIRECTORS; TERMS. The district is governed by a board of five directors
who serve staggered terms of two years. The city council may also appoint one non - voting director who shall
serve a specified term as decided by the council. The non - voting director shall be employed by the City and
shall serve as an ex- officio member in an advisory capacity to provide assistance on matters in the district which
involve the City.
SECTION 9. APPOINTMENT. (a) The governing body of the City of Kennedale shall appoint
directors to the board.
(b) Sections 375.063, Local Government Code, and 49.052, Water Code, do not apply to directors of
the district.
SECTION 10. REMOVAL. The members of the board will serve at the pleasure of the city council.
The city council shall have the authority to remove any board member by majority vote.
SECTION 11. VACANCIES. A vacancy on the board shall be filled by the city council.
SECTION 12. CONFLICTS OF INTEREST. Except as provided in Chapter 171 of the Local
Government Code, a director may participate in all board votes and decisions.
SECTION 13. DISBURSEMENTS AND TRANSFERS OF MONEY. The board by resolution shall
establish the number of directors' signatures and the procedure required for a disbursement or transfer of the
district's money.
SECTION 14. POWERS OF DISTRICT. The district has all powers and authority provided by the
general laws on road districts and road utility districts created under Section 52, Article III, Texas Constitution,
and conservation and reclamation districts and municipal management districts created under Section 59,
Article XVI, Texas Constitution, including:
(1) Chapters 257 and 441, Transportation Code;
(2) Chapter 375, Local Government Code; and
(3) Chapters 49 and 54, Water Code.
SECTION 15. AGREEMENTS; GRANTS. (a) The district may make an agreement with or accept a
gift, grant, or loan from any person.
(b) The implementation of a project is a governmental function or service for the purposes of Chapter
791, Government Code,
SECTION 16. LAW ENFORCEMENT SERVICES. To protect the public interest, the district may
contract with a municipality or county to provide law enforcement services in the district for a fee.
SECTION 17. COMPETITIVE BIDDING. Section 375.221 Local Government Code, does not apply to
a district contract for $25,000 or less.
SECTION 18, AUTHORITY TO IMPOSE AD VALOREM TAXES, ASSESSMENTS, AND
IMPACT FEES. The district may impose an ad valorem tax, assessment, or impact fee and use the proceeds of
the tax, assessment, or impact fee for any district purpose, including the payment of debt or other contractual
obligations, or the payment of maintenance and operating expenses.
SECTION 19. ELECTIONS REGARDING TAXES OR BONDS. (a) The district must hold an
election in the manner provided by Chapters 49 and 54, Water Code, to obtain voter approval before the district
may impose a maintenance tax or issue bonds payable from ad valorem taxes.
(b) The board may include more than one purpose in a single proposition at an election.
(c) If the district obtains the written consent of all property owners in the district to impose a
maintenance tax or issue bonds payable from ad valorem taxes or assessments, the district is exempt from the
election requirement under Subsection (a) and may cancel an election called under Subsection (a).
SECTION 20. MAINTENANCE TAX. (a) The district may impose an annual ad valorem tax on
taxable property in the district for any district purpose, including to:
(1) maintain and operate the district, including improvements constructed or acquired by the
district; or
(2) provide a service.
(b) The board shall determine the tax rate.
SECTION 21. ASSESSMENTS; PETITION REQUIRED FOR FINANCING SERVICES AND
IMPROVEMENTS. (a) The board by resolution may impose and collect an assessment for any purpose
authorized by this Act.
(b) The board may not finance a service or improvement project through an assessment under
this Act unless a written petition requesting that service or improvement has been filed with the board. The
petition must be signed by the owners of a majority of the assessed value of real property in the district that will
be subject to the assessment according to the most recent certified tax appraisal roll for the county in which the
property is located.
(c) An assessment, a reassessment, or an assessment resulting from an addition to or correction of the
assessment roll by the district, penalties and interest on an assessment or reassessment, an expense of collection,
and reasonable attorney's fees incurred by the district:
(1) are a first and prior lien against the property assessed;
(2) are superior to any other lien or claim other than a lien or claim for county, school district, or
municipal ad valorem taxes; and
(3) are the personal liability of and charge against the owners of the property even if the owners
are not named in the assessment proceeding.
(d) The lien is effective from the date of the board's resolution imposing the assessment until the date
the assessment is paid. The board may enforce the lien in the same manner that the board may enforce an ad
valorem tax lien against real property.
SECTION 22. OBLIGATIONS. (a) The district may issue bonds or other obligations payable in whole
or in part from ad valorem taxes, assessments, impact fees, revenue, grants, or other money of the district, or
any combination of those sources of money, to pay for any authorized purpose of the district.
(b) In exercising the district's borrowing power, the district may issue a bond or other obligation in
the form of a bond, note, certificate of participation or other instrument evidencing a proportionate interest in
Payments to be made by the district, or other type of obligation.
SECTION 23. DISSOLUTION OF DISTRICT WITH OUTSTANDING DEBT. (a) The board may
dissolve the district regardless of whether the district has debt. Section 375.264, Local Government Code, does
--t apply to the district.
(b) If the district has debt when it is dissolved, the district shall remain in existence solely for the
purpose of discharging its debts. The dissolution is effective when all debts have been discharged.
SECTION 24. INITIAL DIRECTORS. (a) The initial board consists of the following persons:
Name of Director
Robert P. Mundy
John Clark
Jerry Miller
Bryan Lankhorst
Beverly Hayes
(b) Of the initial directors, the terms of the first three directors named in Subsection (a) expire on
1e 1 , 2011, and the terms of the last two directors named in Subsection (a) expire on June 1 , 2010.
(c) This section expires on June 1 , 2011.
SECTION 25. ADDITIONAL LEGISLATIVE FINDINGS. The legislature finds that:
(1) proper and legal notice of the intention to introduce this Act, setting forth the general
substance of this Act, has been published as provided by law, and the notice and a copy of this Act have been
furnished to all persons, agencies, officials, or entities to which they are required to be furnished by the
constitution and laws of this state, including the governor, who has submitted the notice and Act to the Texas
Commission on Environmental Quality;
(2) the Texas Commission on Environmental Quality has filed its recommendations relating to
this Act with the governor, lieutenant governor, and speaker of the house of representatives within the required
time;
(3) the general law relating to consent by political subdivisions to the creation of districts with
conservation, reclamation, and road powers and the inclusion of land in those districts has been complied with;
and
(4) all requirements of the constitution and laws of this state and the rules and procedures of the
legislature with respect to the notice, introduction, and passage of this Act have been fulfilled and
accomplished.
SECTION 26. EFFECTIVE DATE. This Act takes effect immediately if it receives a vote of
two - thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution.
If this Act does not receive the vote necessary for immediate effect, this Act takes effect , 2009.
RESOLUTION
WHEREAS, the Kennedale Economic Development Corporation (EDC) desires to
develop a TownCenter in Kennedale; and
WHEREAS, the EDC has examined development alternatives and found the creation of
a Municipal Management District is the preferred method; and
WHEREAS, the EDC has received notification from the City of Kennedale of its intent
to jointly submit such legislation.
NOW THEREFORE BE IT RESOLVED by the Board of Directors of the Kennedale
Economic Development Corporation that:
Section 1: The Board hereby endorses and supports the passage of the Kennedale
TownCenter Municipal Management District.
Section 2. The Executive Director is hereby instructed to covey this support to the
Kennedale legislative delegation.
PASSED, APPROVED AND ADOPTED ON THIS THE 20 day of January 2009.
President, Robert Mundy
ATTEST:
Kathy Turner, Secretary
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the Kennedale TownCenter Development District; providing authority to impose a tax
and issue bonds.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. CREATION OF DISTRICT. (a) Kennedale TownCenter Development District is created
as a special district under Section 52, Article III and Section 59, Article XVI, Texas Constitution.
(b) The board by resolution may change the district's name.
SECTION 2. DECLARATION OF INTENT. (a) The creation of the district is necessary to promote,
develop, encourage, and maintain transportation, safety, employment, commerce, housing, tourism, recreation,
the arts, entertainment, economic development, and the public welfare in the area of the district.
(b) The creation of the district is essential to accomplish the purposes of Sections 52 and 52 -a, Article
III and Section 59, Article XVI, Texas Constitution, and other public purposes stated in this Act.
SECTION 3. DEFINITIONS. In this Act:
(1) "Board" means the board of directors of the district.
(2) "District" means Kennedale TownCenter Development District.
SECTION 4. BOUNDARIES. The district includes all the territory contained in the following
described area:
Block A Lot 1, lot 2, lot 3, and lot 4A of the Kennedale Retail Center Addition; Block A Lot 2 and Lot 3
of the B.T. Webb Subdivision; and Municipal Drive from Third Street to Kennedale Parkway (US Business
Highway 287).
SECTION 5. FINDINGS RELATING TO BOUNDARIES. The boundaries and field notes of the
district form a closure. A mistake in the field notes or in copying the field notes in the legislative process does
not in any way affect the district's:
(1) organization, existence, or validity;
(2) right to issue any type of bond for the purposes for which the district is created or to pay the
principal of and interest on a bond;
(3) right to impose or collect an assessment or tax; or
(4) legality or operation.
SECTION 6. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) The district is created to serve
a public use and benefit.
(b) All land and other property included in the district will benefit from the improvements and services
be provided by the district under powers conferred by Sections 52 and 52 -a, Article III, and Section 59,
Article XVI, Texas Constitution, and other powers granted under this Act.
(c) The creation of the district is in the public interest and is essential to:
(1) further the public purposes of the development and diversification of the economy of the
state;
(2) eliminate unemployment and underemployment; and
(3) develop or expand transportation and commerce.
(d) The district will:
(1) promote the health, safety, and general welfare of residents, employers, employees, visitors,
and consumers in the district and of the public;
(2) provide needed funding to preserve, maintain, and enhance the economic health and vitality
of the district as a community; and
(3) promote the health, safety, welfare, and enjoyment of the public by providing pedestrian
ways and by landscaping and developing certain areas in the district, which are necessary for the restoration,
)reservation, and enhancement of scenic beauty.
(e) Pedestrian ways along or across a street, whether at grade or above or below the surface, and street
lighting, street landscaping, and street art objects are parts of and necessary components of a street and are
considered to be a street or road improvement.
(f) The district will not act as the agent or instrumentality of any private interest even though the district
will benefit many private interests as well as the public.
SECTION 7. CONSTRUCTION OF ACT. (a) Chapter 311, Government Code (Code Construction
Act), applies to this Act.
(b) This Act shall be liberally construed in conformity with the findings and purposes set forth in this
Act.
(c) If any provision of the general law conflicts with this Act, this Act prevails.
SECTION 8. BOARD OF DIRECTORS; TERMS. The district is governed by a board of five directors
who serve staggered terms of two years. The city council may also appoint one non - voting director who shall
serve a specified term as decided by the council. The non - voting director shall be employed by the City and
shall serve as an ex- officio member in an advisory capacity to provide assistance on matters in the district which
involve the City.
SECTION 9. APPOINTMENT. (a) The governing body of the City of Kennedale shall appoint
directors to the board.
(b) Sections 375.063, Local Government Code, and 49.052, Water Code, do not apply to directors of
the district.
SECTION 10. REMOVAL. The members of the board will serve at the pleasure of the city council.
The city council shall have the authority to remove any board member by majority vote.
SECTION 11. VACANCIES. A vacancy on the board shall be filled by the city council.
SECTION 12. CONFLICTS OF INTEREST. Except as, provided in Chapter 171 of the Local
Government Code, a director may participate in all board votes and decisions.
SECTION 13. DISBURSEMENTS AND TRANSFERS OF MONEY. The board by resolution shall
establish the number of directors' signatures and the procedure required for a disbursement or transfer of the
district's money.
SECTION 14. POWERS OF DISTRICT. The district has all powers and authority provided by the
general laws on road districts and road utility districts created under Section 52, Article III, Texas Constitution,
and conservation and reclamation districts and municipal management districts created under Section 59,
Article XVI, Texas Constitution, including:
(1) Chapters 257 and 441, Transportation Code;
(2) Chapter 375, Local Government Code; and
(3) Chapters 49 and 54, Water Code.
SECTION 15. AGREEMENTS; GRANTS. (a) The district may make an agreement with or accept a
- ;ft, grant, or loan from any person.
(b) The implementation of a project is a governmental function or service for the purposes of Chapter
791, Government Code.
SECTION 16. LAW ENFORCEMENT SERVICES. To protect the public interest, the district may
contract with a municipality or county to provide law enforcement services in the district for a fee.
SECTION 17. COMPETITIVE BIDDING. Section 375.221 Local Government Code, does not apply to
a district contract for $25,000 or less.
SECTION 18, AUTHORITY TO IMPOSE AD VALOREM TAXES, ASSESSMENTS, AND
IMPACT FEES. The district may impose an ad valorem tax, assessment, or impact fee and use the proceeds of
the tax, assessment, or impact fee for any district purpose, including the payment of debt or other contractual
obligations, or the payment of maintenance and operating expenses.
SECTION 19. ELECTIONS REGARDING TAXES OR BONDS. (a) The district must hold an
election in the manner provided by Chapters 49 and 54, Water Code„ to obtain voter approval before the district
may impose a maintenance tax or issue bonds payable from ad valorem taxes.
(b) The board may include more than one purpose in a single proposition at an election.
(c) If the district obtains the written consent of all property owners in the district to impose a
maintenance tax or issue bonds payable from ad valorem taxes or assessments, the district is exempt from the
election requirement under Subsection (a) and may cancel an election called under Subsection (a).
SECTION 20. MAINTENANCE TAX. (a) The district may impose an annual ad valorem tax on
taxable property in the district for any district purpose, including to:
(1) maintain and operate the district, including improvements constructed or acquired by the
district; or
(2) provide a service.
(b) The board shall determine the tax rate.
SECTION 21. ASSESSMENTS; PETITION REQUIRED FOR FINANCING SERVICES AND
r
"NSPROVEMENTS. (a) The board by resolution may impose and collect an assessment for any purpose
authorized by this Act.
(b) The board may not finance a service or improvement project through an assessment under
this Act unless a written petition requesting that service or improvement has been filed with the board. The
petition must be signed by the owners of a majority of the assessed value of real property in the district that will
be subject to the assessment according to the most recent certified tax appraisal roll for the county in which the
property is located.
(c) An assessment, a reassessment, or an assessment resulting from an addition to or correction of the
assessment roll by the district, penalties and interest on an assessment or reassessment, an expense of collection,
and reasonable attorney's fees incurred by the district:
(1) are a first and prior lien against the property assessed;
(2) are superior to any other lien or claim other than a lien or claim for county, school district, or
municipal ad valorem taxes; and
(3) are the personal liability of and charge against the owners of the property even if the owners
are not named in the assessment proceeding.
(d) The lien is effective from the date of the board's resolution imposing the assessment until the date
the assessment is paid. The board may enforce the lien in the same manner that the board may enforce an ad
valorem tax lien against real property.
SECTION 22. OBLIGATIONS. (a) The district may issue bonds or other obligations payable in whole
Of in part fiom ad valorem taxes, assessments, impact fees, revenue, grants, or other money of the district, or
any combination of those sources of money, to pay for any authorized purpose of the district.
(b) In exercising the district's borrowing power, the district may issue a bond or other obligation in
the form of a bond, note, certificate of participation or other instrument evidencing a proportionate interest in
Payments to be made by the district, or other type of obligation.
SECTION 23. DISSOLUTION OF DISTRICT WITH OUTSTANDING DEBT. (a) The board may
dissolve the district regardless of whether the district has debt. Section 375.264, Local Government Code, does
not apply to the district.
(b) If the district has debt when it is dissolved, the district shall remain in existence solely for the
Purpose of discharging its debts. The dissolution is effective when all debts have been discharged.
SECTION 24. INITIAL DIRECTORS. (a) The initial board consists of the following persons:
Name of Director
Robert P. Mundy
John Clark
Jerry Miller
_Bryan Lankhorst
Beverly Hayes
(b) Of the initial directors, the terms of the first three directors named in Subsection (a) expire on
une 1 , 2011, and the terms of the last two directors named in Subsection (a) expire on June 1 , 2010.
(c) This section expires on June 1 , 2011.
SECTION 25. ADDITIONAL LEGISLATIVE FINDINGS. The legislature finds that:
(1) proper and legal notice of the intention to introduce this Act, setting forth the general
substance of this Act, has been published as provided by law, and the notice and a copy of this Act have been
furnished to all persons, agencies, officials, or entities to which they are required to be furnished by the
constitution and laws of this state, including the governor, who has submitted the notice and Act to the Texas
Commission on Environmental Quality;
(2) the Texas Commission on Environmental Quality has filed its recommendations relating to
this Act with the governor, lieutenant governor, and speaker of the house of representatives within the required
time;
(3) the general law relating to consent by political subdivisions to the creation of districts with
conservation, reclamation, and road powers and the inclusion of land in those districts has been complied with;
- 'id
(4) all requirements of the constitution and laws of this state and the rules and procedures of the
legislature with respect to the notice, introduction, and passage of this Act have been fulfilled and
accomplished.
SECTION 26. EFFECTIVE DATE. This Act takes effect immediately if it receives a vote of
two- thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution.
If this Act does not receive the vote necessary for immediate effect, this Act takes effect 12009.
Date: January 20, 2009
Agenda Item No: I -d
Subject: Review of Public Art Projects and EDC's Sponsorship Role
Originated by: Mike Soab, SCLS
Summary: Kennedale High, Junior High, and Patterson Elementary school
Art Programs each have been commissioned by the EDC to
decorate /paint a model fiberglass locomotive engine.
The EDC initially purchased these models ($4,905.03) and
funded $300.00 total for art supplies to begin the project. The schools
have been encouraged to "sell" additional outside sponsorships and
retain any monies collected to fund these school art departments.
I
commissioned Kennedale High
(at a total cost of $5,570.00) on
Kennedale's Ace /Subway's free
Parkway. The EDC has made a
project with $4,770.00 due upon
Its current status will also be reviewed and future action
discussed.
Recommendation: Continue EDC sponsorship of Kennedale Public Arts
beyond this initial program.
\, P
Disposition by KEDC: r �
o
At this meeting, the EDC will 1) be updated on their status for
completion, 2) designate a new EDC /Public Arts contact to replace
Mike Soab, and 3) decide on the best venue for unveiling and for
permanent display of the finished models.
Additionally, the EDC has
School to paint a RR themed mural
the exterior wall of TownCenter
standing building fronting Kennedale
payment of $1,000.00 to begin the
completion.
r
Mike Soab
Mike Soab
tt: Friday, November 07, 2008 12:11 PM
To: 'bloxom @sbcglobal.net'
Cc: 'cullumc @kisdtx.net; 'Christy Borah'; 'Rochelle Mclain - Patterson Elem Art'; Bob Hart; Robert
Mundy - ATT &T; Doug Parker EDC (parkerd @kisdtx.net)
Subject: Public Art and Your Role in Building Community
Bonnie Dowdy, President
David E, Bloxom, Sr. Charitable Foundation
Dear Bonnie:
Thank you for asking about Kennedale's exciting new Public Arts program.
The Kennedale Economic Development Corp. is partially funding two different projects to kick off this
community endeavor.
Initially, we have ordered three unfinished fiberglass locomotive trains (see below) that the student art
departments at Patterson Elementary, Kennedale Junior, and Senior Highs will paint/decorate for
display around the new Town Center Kennedale project. They will depict Kennedale's history with
trains and the hometown spirit of the three schools. Similar finished models of longhorns (also below)
are currently on display in Southlake and Southlake Town Center.
cond, the EDC has commissioned Kennedale Senior High's Art Department to paint a RR themed
mural on the Kennedale Parkway wall of the new Subway.
The reason for the RR themes is that Kennedale's original downtown history is tied to the RRs
running along the western boundary of Kennedale. When the RR based downtown burned, the
businesses relocated along Bus. 287 but a true downtown was never rebuilt. We want to recapture
that history with public art and commercial buildings reflecting Kennedale's past and create a special
theme to be carried on thru the City.
Additionally, we may have a budding Kennedale artist that needs financial assistance to reach for the
stars. A new Picasso, Georgia O'Keeffe or Norman Rockwell may be in the making -just lacking for
a sponsorship to begin a lifelong art career. With public art sponsors — the school art departments
will be able to purchase supplies, paints, brushes, drama costumes and scenery necessary to
function and provide these talented students the tools they need.
What's in it for you? Besides the satisfaction of helping to create a community art program and
helping underfunded school art programs and talented student artists I believe that Kennedale, the
students themselves, the school art programs, and the wonderful sponsors will gather great publicity
and goodwill from this endeavor.
Your support of our new public arts program is vital to promoting the emerging abilities of our future -
the youth of Kennedale.
Jur kids are excited! And Kennedale Public Art awaits your support.
1 1 7 1 71 11 1 11,
To KEDC Board of Directors
Date: January 17, 2009
Agenda Item No: I -e.
Subject: Review and consider action to change date and time of future meetings.
Originated by: Kathy Turner, Secretary to EDC
Summary: Board of Directors will discuss if there is a need to change the date and /or time for
the next regularly scheduled meeting on February 17, 2009.
Recommendation:
Disposition by KEDC Board of Directors:
To KEDC Board of Directors
Date: January 20, 2009
Agenda Item No: II
Subject: President, Robert Mundy will present retiring Economic Development Director,
Mike Soab with a plaque.
Originated by: Kathy Turner, Secretary
Summary:
Recommendation:
Disposition by KEDC Board of Directors:
Staff Repot
To KEDC Board of Directors
Date: January 20, 2009
Agenda Item No: III -a
Subject: KEDC Director Announcements /Reports
Originated by: Mike Soab, KEDC Director
Summary: EDC Director will update the board on the following matters:
1. Departing comments by EDC Director.
2. Update on grants /grant prospects for fiscal year 2008 -2009.
Recommendation:
Disposition by KEDC Board of Directors:
Mike Soab's Departing Comments and Economic Development Suggestions:
FACT: Kennedale needs new private investment and new and increased revenue
streams to pay for city services and employees.
In order for Kennedale to attract new commercial and residential developments,
Kennedale must greatly improve its CURB APPREAL. Just like buying a house —
people do not invest in property that doesn't look good.
1. How to build the Parkway's Curb Appeal:
• In order to clean up the Parkway visually and environmentally — The City
must aggressively work with all salvage yards to find other non - Kennedale
sites. Rezone salvage yard sites to commercial with no outside display
allowed.
• Enforce sign and building regulations to remove old signage and dilapidated
buildings on the Parkway and elsewhere.
• Encourage EDC grants only for new and replacement signage and EXTERIOR
building improvements. Encourage Monument signs.
• Build a beautiful Kennedale Parkway entranceway between the Creek and
1 -20.
• Plant trees and landscaping everywhere. Green is In!
• Create and fund more opportunities for public art displays. City parks,
TownCenter, Parkway intersections.
• Simple one — Line the Parkway with large American flags for major holidays.
• Expand the TownCenter into a larger "Downtown District" to include land
between the Post Office and new the Bowman Springs Road extension. Use
the TownCenter's Architectural guidelines.
• Establish a Kennedale Proud Committee (Rotary Club ?) to bring curb appeal
suggestions to staff and Council. Encourage garden clubs and Parkway
flower planting at strategic sites.
2. Increasing City Revenues:
• FYI - TownCenter Kennedale will not generate huge amounts of sales taxes.
And, new TownCenter property tax increases will be dedicated to the
Parkway TIF District.
• Emphasis must be placed on attracting sales tax generating retail,
restaurants, hotels, entertainment venues to the intersection of Kennedale
Parkway and 1 -20. 1 had named this area the Genesis Project: because our
most important commercial sites must be reborn into a "Highlands" type or
big box development (Target, Lowes, Home Depot, etc.). This key
intersection of Bus 287 and 1 -20 is the best opportunity for Kennedale to
generate significant tax revenues.
Finally,
KENNEDALE HAS BEEN TALKING ABOUT
RACETRACKS,
SALVAGE YARDS,
ENTRANCEWAYS AND
RETAIL FOR EONS.
STOP TALKING ABOUT CHANGE.
LIKE THE CITY'S AGGRESSIVE STANCE WITH OUR SEXUALLY ORIENTED BUSINESSES
KENNEDALE'S FUTURE.
Date: January 20, 2009
Agenda Item No:
Subject: Comments regarding Kennedale's status compared with 2006
Comprehensive Land Use Plan.
Originated by: Mike Soab, SCLS
Summary: My guide when I was first hired as your Director of Economic
Development was Kennedale's 2006 Comprehensive Land Use Plan update to the 2000
Land Use Plan. Both were adopted and approved by Kennedale's City Council.
I've taken the 2006 Executive Summary and have made hand - written comments about
where I think Kennedale is and what is necessary to bring this City out of its image
problems and generate much needed sales tax revenues.
Where the City has most advanced is the creation of TownCenter Kennedale and
the building of its Plaza. The EDC has stepped up to the plate and these projects
will go a long way in raising our citizens and outsiders view on why Kennedale is a
great place to live. Whether the TownCenter is redeveloped by private investment
or ED /City — this is the most visible project that will create a Kennedale "downtown"
and bring new businesses to the Parkway.
Not specifically on the Land Use Plan, but an inexpensive and important marketing
tool is the continuation of an aggressive Public Arts program that will beautify the
City and help bring Kennedale into play as a City improving its image. Newspapers
love this type of story and much can be made of its uniqueness in this area.
• "Retail follows rooftops ". Kennedale is a small city and has a small population.
Therefore, if follows that Kennedale will not attract retail. However, we do have
terrific sites at 1 -20 and the Parkway with hundreds of thousands of cars passing by
and great visibility and access. These sites, as mentioned in the 06 Land use Plan,
are the VERY BEST Kennedale sites that would interest sales tax generating retail,
restaurants, hotels, and other commercial businesses. This is where I feel all efforts
must be focused on to make it easy for this area to redevelop into its "Highest and
Best Use."
Finally, I appreciate the opportunity to be your Director of Economic Development that you
and previous Board Members have allowed me.
Thanks for your support, understanding, and your dedication to making Kennedale a better
place.
0
•
2 006 1 1 1 Use Plan U
This document is an update of the Kennedale Comprehensive Land Use Plan adopted
in February, 2000. Some of the information included in this document is completely
new, some of it is revised material, and some of it is pertinent information brought
forward from the previous Comprehensive Land Use Plan document.
During the last five years, the City of Kennedale has grown and has utilized the 2000
Plan document to guide and direct that growth. This document revisits some of the
issues addressed previously and, in some cases, reiterates the previous avenue for
improvement and in other cases proposes a different approach.
Some of the major elements in the 2oo6 Comprehensive Land Use Plan are:
Kennedale Parkwa Commercial Corridor will be the focus for ne
business development and commercial redevelopment in the City of
Kennedale. Kennedale Parkway / US Business 287 (formerly Mansfield
Highway) is the central transportation spine of the city and offers the
potential of several major commercial nodes along the corridor. The paving
improvements by the Texas Department of Transportation (TXDOT) are
transforming the highway to a five -lane urban thoroughfare with curb and
gutters. This transformation can be the impetus for Kennedale Parkway /
businesses to expand and make aesthetic improvements to the corridor.
• I -2o / Kennedale Parkway Commercial Node development would
optimize the commercial potential of this high visibility: location. This area
of Kennedale has been determined to be the most desirable location for
retail stores, restaurants and other related businesses. This commercial
development could take the form of either a power center of big box stores
-pot) or a mixed use "lifestyle outdoor retail' center of smaller businesses, coupled
with some residential uses. This site was identified by the Buxton Group
CommunitylD study, prepared for the Kennedale Economic Development
C Corporation as the site with the highest potential for retail development..
� This site has a much higher traffic count and visibility that other potenti
retail sites. Other trade potential variables such as population, number of
households, and average income were comparable or superior to other sites
" nalyzed.
d • Village Creek E ancemet could go beyond the op
uses planned previously. Since the portion of Village Ceek i Kenne k
could be navigable by small boats and is accessible to Lake Arlington, there
is potential for special creek related development. Depending upon the
success of the I -20 / Kennedale Parkway Commercial Node (as mentioned
OF KENNEDALE
COMPREHENSIVE LAND USE PLAN
Page 1
February 9, 2006 2006 Update Executive Summary
r
• Bowman Springs J Dick Price Connection was reaffirmed as a top
priority for improving traffic circulation in the northern portion of
Kennedale. By joining these Minor Arterial streets with a go degree
intersection with Kennedale Parkway, four viable commercial corners would
be created.
• Kennedale- Little School Road should be extended as a four -lane
undivided minor arterial street to the southwest to connect with Kennedale
Parkway with a go degree intersection. Engineering for this critical roadway
connection should provide maximum separation from the existing elevated
water storage tank, while maintaining appropriate centerline radiuses for
the design speed for the street.
• Railroad Grade Separation and Industrial Property Access should
be further investigated. The previous Comprehensive Plan specifically
n
recommended the extension of Kennedale - Little School Road across
;; Business 287 with a major bridge structure in a fairly specific location.
Although graphi y Is propose gra a separation with the existing
o�
double track is shown in a similar manner, it is noted on the maps and in the
r 2 sr -
text that "alternative designs need to be researched and an optimal location
,
for a grade separated railroad crossing needs to be determined."
• Kennedale Sublett Road paving improvements should include relocating
the east -west Minor Arterial street to be south of the cemetery to create an
improved intersection with Kennedale Parkway. The final alignment and
construction of this essential segment of Kennedale Sublett Road will
challenging with the location of existing improvements, but the connection
of this east -west minor arterial roadway is important to overall traffic
circulation in Kennedale.
• City Park Expansion will be the top priority for park improvements with
f<
the need for two new neighborhood parks east of Kennedale Parkway. The
®
2005 Kennedale Park Plan prepared by MILS Planning and Design should be
the basis for park and open space improvements over the next ten (10)
years. The Park Plan identifies twenty -two (22) Park and Recreation facility
e�r
priorities and sets a schedule of eleven (11) projects to be accomplished .
during the next decade.
• Greenbelt Open Spaces should be preserved and improved along both
Kennedale Creek and Winding Creek to connect to the major greenbelt along
Village Creek. The Park Plan includes natural open space / linear parks
R
Page 2 CITY of KENNEDALE
2006 Update Executive Summary February 9, 2006 CowREHENswE LAND UsE PLAN
Oak Crest Area Commercial Uses The previous Comprehensive Plan
proposed the removal of the wrecking yards along Village Creek and the
development of the area as residential with commercial uses along I -2o and
Kennedale Parkway. This long range future land use plan recognizes the
business investment in the area and allows the continuation of the auto
salvage uses south of Oak Crest Drive as interim uses until the anticipated
commercial development at Kennedale Parkway and I -2o expands to the
west. As property values increase due to the visibility and strategic location
of the area for commercial uses, it is hoped that market economics will
dictate that retail uses will be the optimal use for both the property owners
and the City. As redevelopment of this area occurs, the Village Creek
floodplain enhancement development and riverwalk can also be extended to
the west. Although there are a few existing residences in the Oak Crest area,
these do not seem to be compatible with the other existing and proposed
uses.
® Auto Salvage 'Yard Re ations should be strengthened and enforced.
Although "wrecking yards" historically are considered "Locally Unwanted
Land Uses (LULU)" in many communities, the auto salvage businesses in
Kennedale are located primarily along the railroad and floodplain areas
(Village Creek, Oak Crest area as described above). The auto salvage yards
should meet or exceed minimum development standards with screening of
the auto storage areas and paved access to all areas of storage.
COAP REHENSIVE Laren USE PL�I
Notes
Feebrury 9, 2 . u
006 2006 U date�Exec�utive Summa
® "
NYTMA
To KEDC Board of Directors
Date: January 20, 2009
Agenda Item No: N.
Subject: President Announcements /Reports
Originated by: Kathy Turner, KEDC Secretary
Summary: President Announcements /Reports
1. Report agenda items to be posted for future meetings.
Recommendation:
Disposition by KEDC Board of Directors:
V/ TA
1A =
To KEDC Board of Directors
Date: January 20, 2009
Agenda Item No: V.
Subject: Executive Session.
Originated by: Kathy Turner, KEDC Secretary
Summary: a. Board of Directors will meet in closed session pursuant to Section 551.072 of
the Texas Government Code to deliberate the purchase, sale, exchange, lease,
or value of real property.
1. Discuss the parameters for a development agreement with David Johnson
for development of the Town Center.
b. The Board of Directors will meet in closed session pursuant to Section 551.074
of the Texas Government Code to deliberate the appointment, employment,
evaluation, reassignment, duties, discipline, or dismissal of a public officer or
employee.
Recommendation:
Staff Report
To KEDC Board of Directors
Date: January 20, 2009
Agenda Item No: V1.
Subject: Reconvene into open session and take action necessary pursuant to executive session.
Originated by: Kathy Turner, Secretary to EDC
Summary: Council will review and consider action to approve a Resolution granting a 120 -day
extension of the feasibility period agreement with David Johnson for development
of the TownCenter.
Recommendation:
Disposition by KEDC Board of Directors:
RESOLUTION
A RESOLUTION OF THE BOARD OF DIRECTORS OF
THE KENNEDALE ECONOMIC DEVELOPMENT
CORPORATION ( "EDC ") DECLARING ITS INTENT TO
NEGOIATE WITH DAVID JOHNSON FOR THE
REDEVELOPMENT OF TOWN - CENTER KENNEDALE;
AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the EDC has purchased 6.8 +/- acres to develop a TownCenter in
Kennedale; and
WHEREAS, the EDC has promoted the TownCenter project to numerous
commercial shopping center developers; and
WHEREAS, David Johnson of Cedar Park, Texas has developed a similar project
and desires to redevelop the TownCenter; and
WHEREAS, David Johnson and the City Staff desire a feasibility period to
determine the viability of his redeveloping the TownCenter.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF
THE KENNEDALE ECONOMIC DEVELOPMENT CORPORATION THAT:
Section 1. The findings set out in the preamble to this resolution are in all
things approved and adopted.
Section 2. The EDC hereby authorizes the city staff to negotiate with David
Johnson for the redevelopment of TownCenter Kennedale for a period not to extend
beyond July 31, 2009.
Section 3. That the meeting at which this resolution was approved was in all
things conducted in strict compliance with the Texas Open Meetings Act, Texas
Government Code, Chapter 551.
1 of 2
Section 4. This resolution shall become effective from and after its passage.
PASSED AND APPROVED this 20" day of January, 2009.
ATTEST:
SECRETARY
PRESIDENT ROBERT MUNDY
2 of 2
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