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2008_04.10 CC PacketCITY OF KENNEDALE, TEXAS OFFICE OF THE CITY SECRETARY COUNCIL MEETING ROLL CALL DATE: APRIL 10, 2008 START TIME: 5 3 I PM END TIME: PM ROLL CALL: CITY STAFF PRESENT: PRESENT ABSENT MAYOR, BRYAN LANKHORST MAYOR PRO TEMP JOHN CLARK V COUNCILMEMBER BRIAN JOHNSON COUNCILMEMBER JERRY MILLER 1/ COUNCILMEMBER ✓ RONNIE NOWELL COUNCILMEMBER DAVID GREEN V CITY STAFF PRESENT: PRESENT ABSENT CITY MANAGER BOB HART CITY SECRETARY KATHY TURNER V CITY ATTORNEY WAYNE K. OLSON CODE ENFORCEMENT LARRY HOOVER POLICE CHIEF / TOMMY WILLIAMS FIRE CHIEF MIKE MCMURRAY V DIR. OF FINANCE CLIFFORD BLACKWELL I/ WATERIW ASTEW ATER LARRY LEDBETTER STREET SUPERVISOR GLEN GREENWOOD COURT ADMIN. BOBBIE SPENCE UB ADMIN. LUCY POLK CITY OF KENNEOALE 405 Municipal Drive, Kennedale, Texas 76060 AGENDA KENNEDALE CITY COUNCIL REGULAR MEETING — APRIL 10, 2008 405 MUNICIPAL DR. — KENNEDALE MUNICIPAL BLDG. WORK SESSION — COUNCIL CHAMBERS — 5:30 PM REGULAR SESSION — COUNCIL CHAMBERS — 7:00 PM CALL TO ORDER ROLL CALL I. WORK SESSION — 5:30 PM a. Status briefing on racetrack committee activities. b. Discuss Tarrant County Road projects. C. Discuss and review any item on the agenda, if needed. H. REGULAR SESSION — 7:00 PM III. INVOCATION AND PLEDGE OF ALLEGIANCE IV. PRESENTATION/INTRODUCTION a. Bob Hart, City Manager will introduce newly hired Fire Chief, Michael McMurray. V. 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. VI. REPORTS /ANNOUNCEMENTS a. City Manager b. City Council C. Mayor AGENDA CONTINUED PAGE 2 KENNEDALE CITY COUNCIL APRIL 10, 2008 VIL CONSENT AGENDA The following items are considered to be routine and self - explanatory by the Council and will be enacted with one motion. There will be no separate discussion of these items unless a Councilmember requests that an item be removed from the Consent Agenda and be considered, in sequence, as a routine agenda item. a. Approval of minutes: Regular Meeting dated March 13, 2008. b. Approval of Investment Report. C. Review and consider bid award for street reconstruction for Pennsylvania Avenue. d. Review and consider authorizing City Manager to execute Interlocal Agreement with the City of Arlington for Police reporting at Wal -Mart. e. Review and consider authorizing staff to submit a grant application through the Texas Emissions Reduction Plan for the purchase of a replacement backhoe loader. VIII. REGULAR ITEMS f. Public Hearing, Review and consider approval of Ordinance No. 393, P &Z Case 08 -01, a request for a zone change of 23.84 acres consisting of Lot 3A, A. C. Bolen Addition; Abstract, 1376, Tracts 13A06, and 13A09, David Strickland Survey; Block 2, Lots IA thru 4A, 5A2, and 1131 thru 5131, Swiney Estates in the City of Kennedale, Tarrant County, Texas. The current zoning is "AG" (Agricultural) and "R -1" (Single Family Residential). The proposed zoning is "PD" (Planned Development). Requested by Monty Carpenter on behalf of Volunteers of America. g. Public Hearing, Review and consider approval of P &Z Case 08 -03, a request for a re -plat of Lots 15 and 16, Block 7, Falcon Wood Estates Addition, Phase One in the City of Kennedale, Tarrant County, Texas to that of Lot 15R, Block 7, Falcon Wood Estates Addition, Phase One. Property is located at 1161 Falcon View Drive, Kennedale, Texas. Requested by John E. and Margaret C. Watt. h. Review and consider approval of Ordinance No. 394 renewing Ordinance No. 292 of the Kennedale Code of Ordinances, which established juvenile curfew regulations. AGENDA CONTINUED PAGE 3 KENNEDALE CITY COUNCIL APRIL 10, 2008 IX. EXECUTIVE SESSION a. The City Council will meet in closed session pursuant to Section 551.071 of the Texas Government Code for consultation with the City Attorney pertaining to any matter in which the duty of the City Attorney under the Texas Disciplinary Rules of Professional Conduct may conflict with the Open Meetings Act, including discussion on any item posted on the agenda and legal issues regarding amortization of nonconforming uses; advice on noise regulations; regulation of sexually oriented businesses; and litigation, settlement offers, and /or claims regarding the following matters: 1. H &A Land Corporation, d /b /a Showtime Cabaret v. City of Kennedale; Cause No. 402 -CV- 0458 -Y (Dreamer's) 2. Potential litigation with Wal -Mart regarding Southwest Crossing Addition, Portion of Lot 2, Block 1, Kennedale, TX b. The City Council 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. 1. City Manager X. RECONVENE INTO OPEN SESSION, AND TAKE ACTION NECESSARY PURSUANT TO EXECUTIVE SESSION, IF NEEDED. XI. ADJOURNMENT Staff Report To the Honorable Mayor and City Council Date: April 2, 2008 Agenda Item No: I. Subject: Work Session Originated by: Kathy Turner, City Secretary Summary: Discussion will take place on the following items. a. Discuss and review racetrack report. b. Discuss Tarrant County Road projects. c. Discuss and review any item on the agenda, if needed. Recommendation: Disposition by Council: Staff Report To the Honorable Mayor and City Council Date: April 2, 2008 Agenda Item No: IV. Subject: Presentation /Introduction Originated by: Kathy Turner, City Secretary Summary: Bob Hart, City Manager will introduce newly hired Fire Chief, Michael McMurray. ( Recommendation: Disposition by Council: Staff Report To the Honorable Mayor and City Council Date: April 2, 2008 Agenda Item No: V. Subject: Visitor /Citizens Forum Originated by: Kathy Turner, City Secretary Summary: 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. Recommendation: Disposition by Council: 405 Municipal Drive, Kennedale, Texas 76060 SPEAKER REQUEST FORM W E L C O M E If you wish to address the City Council, a Speaker's Card must be filled out and given to the City Secretary prior to the start of the meeting. Please follow the suggestions listed below: 1. Please read and provide the required information in order that the Mayor may recognize you promptly at the appropriate time on the agenda. Please note that speakers may not comment on agenda items. 2. Please state your full name and address when you begin your remarks in order that the official minutes will record your appearance before the City Council. 3. Please make sure that your comments are directed towards the Presiding Officer ( rather than Individual Councilmembers or Staff. All speakers must limit their comments to the subject matter as listed on your request and must refrain from using any profane language. THANK YOU FOR YOUR COOPERATION n 1 APPEARANCE BEFORE CITY COUNCIL DATE: Name of Speaker: (� A ! L J Address: Phone: Subject: S 4. Has this subject been discussed with any member or administrative staff? ff es ❑ No If yes, please list name and date: Speaking in Favor: ❑ For ❑ Against Presentations are limited to three (3) minutes for individuals and six (6) minutes for group presentations if representing 10 or more individuals present in Council Chamber. Speakers must address their comments to the Presiding Officer rather than individual Councilmembers or Staff. All speakers must limit his /her comments to the specific subject matter as noted above and must refrain from personal attacks towards any individual. 405 Municipal Drive, Kennedale, Texas 76060 SPEAKER REQUEST FORM WELCOME If you wish to address the City Council, a Speaker's Card must be filled out and given to the City Secretary prior to the start of the meeting. Please follow the suggestions listed below: 1. Please read and provide the required information in order that the Mayor may recognize you promptly at the appropriate time on the agenda. Please note that speakers may not comment on agenda items. 2. Please state your full name and address when you begin your remarks in order that the official minutes will record your appearance before the City Council. Please make sure that your comments are directed towards the Presiding Officer rather than Individual Councilmembers or Staff. All speakers must limit their comments to the subject matter as listed on your request and must refrain from using any profane language. THANK YOU FOR YOUR COOPERATION APPEARANCE BEFORE CITY COUNCIL DATE: 3 - 1 5 ' Name of Speaker: GlOm / Address: POJ Ii`a) "/ C IA1 Phone: 0 �� ^ 0 �� - �` Subject: K`f /7 Has this subject been discussed with any member or administrative staff? ❑ Yes XNo If yes, please list name and date: Speaking in Favor: ❑ For ❑ Against Presentations are limited to three (3) minutes for individuals and six (6) minutes for group presentations if representing 10 or more individuals present in Council Chamber. Speakers must address their comments to the Presiding Officer rather than individual Councilmembers or Staff. All speakers must limit his/her comments to the specific subject matter as noted above and must refrain from personal attacks towards any individual. Staff Report To the Honorable Mayor and City Council Date: April 2, 2008 Agenda Item No: VI Subject: Reports /Announcements Originated by: Kathy Turner, City Secretary Summary: Reports /Announcements a. City Manager b. City Council c. Mayor Recommendation: Disposition by Council: CONSENT AGENDA CITY OF KENNEDALE, TEXAS OFFICE OF THE CITY SECRETARY COUNCIL MEETING MINUTE SLIP DATE: APRIL 10, 2008 ITEM NUMBERS: VII a through VII e REQUEST TO REMOVE: ITEM b ITEM e-- PERSON: ITEM MOTION: PERSON: COUNCIL MEMBERS MOTION SECOND AYE NAY ABSTAIN /ABSENT CLARK JOHNSON MILLER GREEN NOWELL ORDINANCE/RESOLUTION NO. CARRIED q �0 FAILED FOLLOW UP: PERSON: CITY SECRETARY'S FOLLOW UP: Staff Report To the Honorable Mayor and City Council Date: April 2, 2008 Agenda Item No: VII. -a Subject: Approval of Minutes: Regular Meeting dated March 13, 2008 Originated by: Kathy Turner, City Secretary Summary: Meeting minutes reflecting action taken at the regular meeting held on March 13, 2008. Recommendation: RECOMMEND APPROVAL Disposition by Council: 3310 MINUTES KENNEDALE CITY 01OWNCXL REGULAR MEETING: - MACH Q �, 2008 405 MUNICIP��I� DR. _XEN DAL' MUNICIPAL BLDG. Mayor, Bryan Lankhorst called 1, ' €itmeeting to order at 5:33 p.m. Members present: Mayor, Bryan Lankhorst, Mayor Pro -Tem, John Clark, Councilmember's Brian Johnson, Jerry Miller, Ronnie Nowell, and David Green. Members absent: None Staff present: Bob Hart, City Manager; Kathy Turner, City Secretary; Wayne K. Olson, City Attorney; Clifford Blackwell, III, Director of Finance; Larry Hoover, Code Enforcement Officer; Tommy Williams, Chief of Police; Jay Hinkle, Assistant Fire Chief; Mike Soab, Director of KEDC, Bobbie Spence, Court Administrator, and Lucy Polk, Utility Billing Manager. I. WORK SESSION a. Discuss and review mid -year budget report for fiscal year 2007 -2008. Various city department heads and supervisors addressed Council with overall changes that have taken place within the past six months. Each spoke of changes within their departments and the benefits reaped from those changes. b. Discuss and review Independent Auditor's Report for year ended September 30, 2007. Greg Shropshire, Auditor with Patillo, Brown & Hill, LLP addressed the City of Kennedale's Comprehensive Annual Financial Report for the year ended September 30, 2007. C. Discuss and review any item on the agenda, if needed. Councilmember, David Green questioned Item IX -g relating to the 34` Year CDBG and inquired if an amount not to exceed was needed in the motion. Bob Hart, City Manager replied not at this time. However, if the amount did exceed recommended amount, then Council would see a future agenda item to address the amendment. Councilmember, David Green then questioned Item IX -h relating to the amusement ordinance. Bob Hart, City Manager advised that this ordinance was a recommended amendment to the City Code to address gaming. U. REGULAR SESSION Mayor, Bryan Lankhorst called the meeting to order at 7:20 p.m. 3311 M. INVOCATION AND PLEDGE OF ALLEGIANCE Bob Hart, City Manager provided the invocation followed by City Staff leading the Pledge of Allegiance. IV. PRESENTATION a. Mayor Lankhorst presented a Proclamation to Barbara Lundgrin, representative from Meals on Wheels recognizing March for Meals Awareness Month. V. VISITOR/CITIZENS FORUM No persons registered to speak. - VI. REPORTS /ANNOUNCEMENTS a. City Manager Bob Hart, City Manager announced the upcoming Board /Commission Appreciation Dinner to be held on Thursday, March 27, 2008 at the Life Fellowship Church, and provided an update on the park located within the Rolling Acres Subdivision. b. City Council Councilmember, Brian Johnson announced the upcoming Intermediate Talent Show to be held on Tuesday, March 25� at the Kennedale Jr. High School. Mayor Mayor, Bryan Lankhorst thanked the Kennedale High School Girls and Boys basketball teams for a job well done in their first appearance in the State Basketball tournament and advised the that girls were runner up, and the boys won State in Class 3A. In addition, Mayor Lankhorst announced that Congressman, Joe Bartin would be visiting Kennedale on March 27, 2008. VII. PUBLIC HEARING a. To receive citizen's comments regarding projects to be funded under the Community Development Block Grant Program. This grant program is generally limited to street, drainage, water or sewer improvements within the approved target area for the benefit of low to moderate - income neighborhoods. Larry Hoover, Code Compliance Officer addressed Council and advised that the — 34 Year CDBG project would consist of the continuation of last year's project, with this year being the replacement of 1360 linear feet of sanitary sewer in the Old Town Neighborhood on New Hope Rd. The estimated cost of the project is One Hundred Eighty Eight Thousand, Five Hundred Ninety One Dollars ($188,591.00) ( of which the City's participation would be estimated at Eight Three Thousand Five Hundred Ninety One Dollars ($83,591.00) to be funded in the 2007/2008 Water /Sewer Budget. 3312 No persons registered to speak for or against project. Mayor, Lankhorst closed the public hearing 7:32 p.m. VIII. CONSENT AGENDA a. Approval of minutes: Regular Meeting dated February 14, 2008. b. Approval of Investment Report. C. Approval to authorize Mayor to execute contract agreement with Fort Worth Transportation Authority for door -to -door paratransit services for elderly and persons with disabilities. d. Approval of Independent Auditor's Report for year ended September 30, 2007. Approval of Ordinance No. 390, amending Chapter 6, Article IV of the Kennedale City Code (1991), as amended by amending the maximum number of Reserve Officers. f. Approval to authorize City Manager to execute Interlocal Agreement with City of Hurst to allow for purchase of slurry seal and micro surfacing. Mayor Pro -Tem, John Clark moved to approve consent agenda items VIII -a through VIII-f, second by Councilmember, Ronnie Nowell. Motion carried (5 -0). IX. REGULAR ITEMS g. Review and Consider selecting project to be constructed and pledging funds for participating in the 30 Year Community Development Block Grant (CDBG) Project with Tarrant County. Councilmember, Brian Johnson moved to approve continuation of last year's project, with this year being the replacement of 1360 linear feet of sanitary sewer in the.Old Town Neighborhood on New Hope Rd. The estimated cost of the project is One Hundred Eighty Eight Thousand, Five Hundred Ninety One Dollars ($188,591.00) of which the City's participation would be estimated at Eight Three Thousand Five Hundred Ninety One Dollars ($83,591.00) to be funded in the 2007/2008 Water /Sewer Fund Budget. Motion second by Councilmember, Jerry Miller., Motion carried (5 -0). h. Review and consider approval of Ordinance No. 391, amending Chapter 11 "Licenses, Taxation and Miscellaneous Business Regulations ", Article V "Amusement Halls ", by adopting regulations for amusement machine establishments; providing that this ordinance shall be cumulative of all ordinances; providing a severability clause; providing for a penalty for violations hereof, — providing a savings clause; providing for publication in the official newspaper; and providing an effective date. Councilmember, Brian Johnson moved to approve Ordinance No. 391, amending Chapter 11 "Licenses, Taxation and Miscellaneous Business Regulations ", Article V "Amusement Halls ", by adopting regulations for amusement machine establishments; providing that this ordinance shall be cumulative of all ordinances; 3313 providing a severability clause; providing for a penalty for violations hereof, providing a savings clause; providing for publication in the official newspaper; and providing an effective date. Motion second by Councilmember, Jerry Miller. Motion carried (5 -0). i. Review and Consider appointment to the Kennedale Economic Development Corporation. Councilmember, David Green moved to appoint Megan Husby to the Kennedale Economic Development Corporation Board of Director for the un- expired term of Place 6 to expire in October 2008, second by Councilmember, Jerry Miller. Motion carried (5 -0). j. Review and consider Ordinance No. 392, amending Section 2 -3 of the Kennedale City Code (1991), as amended, by amending the method of calculation for the billing of ambulance services. k. Mayor Pro -Tem, John Clark moved to approve Ordinance No. 392, amending Section 2 -3 of the Kennedale City Code (1991), as amended, by amending the method of calculation for the billing of ambulance services. Motion second by Councilmember, David Green. Motion carried (5 -0). 1. Review and consider re- naming park located within Rolling Acres Addition. Councilmember, Brian Johnson moved to re -name the park located within the Rolling Acres Addition to the Rodgers Farm Park, second by Councilmember, Ronnie Nowell. Motion carried (5 -0). M. Review and consider approval to authorize Mayor to execute an agreement between the City of Kennedale and the Kennedale Youth Association for use of the baseball /softball fields. Keith Stephenson, President of the KYA addressed Council with future goals of the KYA. Councilmember, David Green moved to authorize Mayor, Bryan Lankhorst to execute an agreement between the City of Kennedale and the Kennedale Youth Association for use of the baseball /softball fields, second by Councilmember, Jerry Miller. Motion carried (5 -0). No further discussion, Mayor, Bryan Lankhorst recessed the meeting at 8:05 p.m. to enter into executive session. X. EXECUTIVE SESSION a. The City Council will meet in closed session pursuant to Section 551.071 of the Texas Government Code for consultation with the City Attorney pertaining to any matter in which the duty of the City Attorney under the Texas Disciplinary Rules of Professional Conduct may conflict with the Open Meetings Act, including discussion on any item posted on the agenda and legal issues regarding amortization of nonconforming uses; weight permits on Dick Price Road; 3314 regulation of sexually oriented businesses; and litigation, settlement offers, and/or claims regarding the following matters: . 1. H &A Land Corporation, d /b /a Showtime Cabaret v. City of Kennedale; Cause No. 402 -CV- 0458 -Y (Dreamer's) 2. Potential litigation with Wal -Mart regarding Southwest Crossing Addition, Portion of Lot 2, Block 1, Kennedale, TX b. The City Council will meet in closed session pursuant to Section 551.072 of the Texas Government Code to deliberate the purchase, exchange, lease, or value of real property for the expansion of Sonora Park. XI. RECONVENE INTO OPEN SESSION, AND TAKE ACTION NECESSARY PURSUANT TO EXECUTIVE SESSION, IF NEEDED. Mayor, Bryan Lankhorst reconvened into open session at 9:25 p.m. Mayor Pro -Tem, John Clark moved to authorize legal counsel to finalize settlement agreement with Dreamer's as discussed in executive session and present to Mayor, Bryan Lankhorst for signature, second by Councilmember, Ronnie Nowell. Motion carried (5- 0). XH. ADJOURNMENT Councilmember, Brian Johnson moved to adjourn the meeting at 9:26 p.m., second by Mayor Pro -Tem, John Clark. Motion carried (5 -0). APPROVED: Mayor, Bryan Lankhorst ATTEST: Kathy Turner, City Secretary Staff Report To the Honorable Mayor and City Council Date: April 4, 2008 Agenda Item No: VII. -b Subject: Approval of Investment Report Originated by: Kathy Turner, City Secretary Summary: Cliff Blackwell, III, Director of Finance will submit reports prior to the meeting. Recommendation: Disposition by Council: Staff Report To the Honorable Mayor and City Council Date: March 31, 2008 Agenda Item No: vii. -c Subject: Pennsylvania Reconstruction Bid Award Originated by: Larry Hoover Summary: For some time the City of Kennedale has considered the reconstruction of the 800 Block of Pennsylvania Avenue. The plans have been finalized and bids have been received and open for the construction. Teague, Nall and Perkins has reviewed the bids and recommend that McClendon Construction be awarded the contract for the Reconstruction of the 800 Block of Pennsylvania Avenue for the total bid of $780,507.00. The plans include water, sewer, storm sewer, sidewalk, retaining wall construction and will provide for the adjustment to the entry gates that are prevalent for that subdivision. The pavement will be 7" reinforced class "C" concrete with a stabilized sub grade. Tarrant County will refund 500% of the project cost, not to exceed $400,000. Recommendation: Staff recommends approval Disposition by Council: fA6" UE /VigLL AND PERKINS Civil Engineering I Surveying Landscape Architecture Planning March 26, 2008 Larry Hoover City of Kennedale 405 Municipal Drive Kennedale, Texas 76060 RE: Reconstruction of Pennsylvania Avenue TNP# KEN 05263 Larry: On March 25, 2008, bids were received for the above referenced project. A total of six bids were received as follows: McClendon Construction JLB Contracting Texas United Excavators Gilco Contracting Conatser Construction Stabile & Winn Total Bid $ 780,507.00 $ 916,292.30 $ 966,486.00 $ 985,996.50 $ 989,110.00 $ 996,056.00 We have evaluated the low bid and found it to be complete and responsive. Based on previous experience with this contractor on projects of similar size and scope, we recommend that Kennedale award the construction contract for'Reconstruction of Pennsylvania Avenue' to McClendon Construction for the total bid in the amount of $780,507.00. A complete bid tabulation is attached for your use. If you have any questions or require additional information, please do not hesitate to call. Sincerely, TEAGUE NALL AND PERKINS, INC. W Mark E. Murphree, P.E. 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Staff Report To the Honorable Mayor and City Council Date: April 3, 2008 Agenda Item No: VII. -d Subject: Interlocal Agreement — Police Services Originated by: Chief Tommy Williams Summary: In 2004 the city entered into an agreement with the City of Arlington to build a Wal -Mart Super Center at Little Road and U.S. 287. A large part of the parking lot for this facility rests within the city limits 'of Kennedale. The City of Arlington requested an interlocal agreement allowing them to maintain primary police and fire jurisdiction over the entire property for ease of operation. We now have a ready -to- sign agreement that has passed the approval of attorneys for both cities. In addition, administrative staffs from both departments have agreed to a shared jurisdiction on all Class C offenses. Kennedale officers will work in conjunction with Arlington officers to make sure that all Class C offenses are filed in Kennedale's Municipal Court. A separate letter will be drafted and signed by the police chiefs outlining this agreement. Recommendation: Staff recommends approving the City Manager to sign the agreement. Disposition by Council: THE STATE OF TEXAS § Interlocal Agreement for Provision of Police and Fire Services by the City of Arlington to a Unified Development COUNTY OF TARRANT § of land located within Arlington and Kennedale THIS INTERLOCAL AGREEMENT is made and entered into on this 10 day of April, 2008, by and between the CITY OF ARLINGTON, TEXAS, acting by and through its City Manager or his designee (hereinafter referred to as "ARLINGTON'), and the CITY OF KENNEDALE, TEXAS, acting by and through its authorized representative (hereinafter referred to as "KENNEDALE "). WITNESSETH: WHEREAS, the Texas State Legislature has authorized the formulation of interlocal cooperation agreements between and among governmental entities; and WHEREAS, this Interlocal Agreement is made under the authority granted by and pur- suant to Chapter 418 and Chapter 791 of the Texas Government Code; and WHEREAS, the two cities share a common boundary and parcels of land lying on the boundary present unique challenges and economic development opportunities; and WHEREAS, the two cities desire to promote the health and safety of their municipalities and the safe, orderly and healthful development of the municipalities by cooperating on development of parcels lying on their common boundary; and WHEREAS, the governing bodies of the cities find that this undertaking is necessary for the benefit of the public and that each has legal authority to provide the governmental function which is the subject matter of this agreement; and WHEREAS, the governing bodies further find that the performance of this agreement is in the common interest of all parties, and that the division of costs fairly compensates the performing party for the services or functions performed under this Interlocal Agreement; and WHEREAS, the parties have previously entered into an "Interlocal Contract for Development of land located within Arlington and Kennedale," dated September 29, 2004, wherein the parties agreed that Arlington provide police and fire services to the unified development referenced as the Land in Exhibit "A" to this agreement; NOW THEREFORE FOR AND IN CONSIDERATION of the mutual agreements contained herein, the parties do hereby agree as follows: I. Applicability 1.1 This agreement applies to certain land lying along the common boundary of the two cities as shown in Exhibit "A" (the "Land "). II. Governmental Functions and Responsibilities Law Enforcement Services 2.1 ARLINGTON and KENNEDALE hereby agree that Arlington will provide police services to the Land as described in Exhibit "A" to the agreement. 2.2 Extension of arrest authority: Any law enforcement officer of Arlington shall have all the powers and duties of a peace officer within the territorial jurisdiction of the Land as described in Exhibit "A ". 2.3 Arlington Police will have primary jurisdiction to the full extent allowed by law for all offenses that occur within the Land. 2.4 If any additional assistance is needed such as major crime scene or a critical incident develops on the premises of the Land, Arlington Police Department will have control over the incident in all cases where it has assumed primary jurisdiction. Arlington retains all command and control authority during these types of major incidents. Kennedale Police will assist at the request of the Arlington Police Incident Commander. 2.5 In the event that any person performing law enforcement, police protection or detention services pursuant to this agreement shall be cited as a party to any civil lawsuit, state or federal, arising out of the performance of those services, he shall be entitled to the same benefits that he would be entitled to receive if such civil action had arisen out of the performance of his duties as a member of the department where he is regularly employed and in the jurisdiction of the department by which he is regularly employed. 2.6 Administrative Supplement: The chief officers of the law enforcement agencies of Kennedale and Arlington may supplement this agreement by administrative actions communicated in writing between the parties and signed by both chief officers so as to carry out the spirit and intent of this agreement. 2.7 Any class C misdemeanor offenses occurring on the Land as set forth in Exhibit — "A" will be processed in a court of competent jurisdiction. The process by which the Arlington Police Department will file class C misdemeanors in the Kennedale Municipal Court will be set forth in policies established by Kennedale Police Department, Kennedale Municipal Court and the Arlington Police Department separate from this agreement. (2) 2.8 Arlington officers shall attend court proceedings and testify as necessary in prosecution of citations that are issued in accordance with this agreement. M. Governmental Functions and Responsibilities Fire Protection and Prevention Services 3.1 ARLINGTON and KENNEDALE hereby agree that Arlington will provide fire protection and prevention services to the Land as described in Exhibit "A" to the agreement. 3.2 Arlington Fire Department will have primary jurisdiction to the full extent allowed by law for all fire protection and prevention that is required within the Land. 3.3 In the event that any person performing fire protection and prevention services pursuant to this agreement shall be cited as a party to any civil lawsuit, state or federal, arising out of the performance of those services, he shall be entitled to the same benefits that he would be entitled to receive if such civil action had arisen out of the performance of his duties as a member of the department where he is regularly employed and in the jurisdiction of the department by which he is regularly employed. 3.4 Administrative Supplement: The chief officers of the Fire Department of Kennedale and Arlington may supplement this agreement by administrative actions communicated in writing between the parties and signed by both chief officers so as to carry out the spirit and intent of this agreement. IV. Term 4.1 This agreement shall be in full force and effect for one (1) year from the date first written above and shall thereafter be automatically renewed from year to year unless terminated earlier in accordance with this agreement. V. Termination 5.1 This agreement may be terminated by mutual agreement of the parties. VI. Immunity /Assignment of Liability 6.1 It is expressly understood and agreed that in the execution of this agreement, no party waives nor shall be deemed hereby to waive any immunity or defense that (3) would otherwise be available to it against claims arising in the exercise of governmental powers and functions. 6.2 Each party agrees that nothing in the performance of this agreement shall impose any liability for claims against either party other than claims for which liability may be imposed by the Texas Tort Claims Act. 6.3 This section is agreed by the parties as authorized by Section 791.006(a -1) of the Texas Government Code, and is intended to assign liability in a different manner than would otherwise occur under Texas Government Code Section 791.006(a). As between the parties to this agreement, each party agrees to accept liability for any act, error or omission of its own officers, agents, servants, volunteers, and employees of whatever kind and nature and from whatever cause arising out of or connected with the performance of this agreement, and to hold the other party and its officers, agents, servants, volunteers, and employees harmless from any such liability. VII. Severability 7.1 If any of the terms, sections, subsections, sentences, clauses, phrases, provisions, covenants, conditions or any other part of this agreement are for any reason held to be invalid, void or unenforceable, the remainder of the terms, sections, subsections, sentences, clauses, phrases, provisions, covenants, conditions or any other part of this agreement shall remain in full force and effect and shall in no way be affected, impaired or invalidated. VIII. Applicable Law 8.1 This agreement is entered into subject to the City Charter and Ordinances of the cities of ARLINGTON and KENNEDALE, as they may be amended from time to time, and is subject to and is to be construed, governed and enforced under all applicable State of Texas and Federal law. Situs of this agreement is agreed to be Tarrant County, Texas, for all purposes including performance and venue. IX. Entire Agreement 9.1 This agreement embodies the complete agreement of the parties hereto — superseding all oral or written previous and contemporary agreements between the parties relating to matters herein; and except as otherwise provided herein, cannot be modified without written agreement of the parties. (4) X. Non - Waiver 10.1 It is further agreed that one or more instances of forbearance by ARLINGTON or KENNEDALE in the exercise of its rights herein, shall in no way constitute a waiver thereof. 10.2 It is expressly understood and agreed that, in the execution of this agreement, no party waives, nor shall be deemed hereby to waive, any immunity or defense that would otherwise be available to it against claims arising in the exercise of governmental powers and functions. XI. Authorization 11.1 The undersigned officers and/or agents are properly authorized to execute this agreement on behalf of the parties hereto and each party hereby certifies to the other that any necessary resolutions or actions extending such authority have been duly passed and are now in full force and effect. EXECUTED on the date first written above. ATTEST: KATHY TURNER, City Secretary CITY OF KENNEDALE, TEXAS BOB HART City Manager APPROVED AS TO FORM: WAYNE K. OLSON, City Attorney BY (5) CITY OF ARLINGTON, TEXAS I: GILBERT PERALES Deputy City Manager ATTEST: KAREN BARLAR, Deputy City Secretary APPROVED AS TO FORM: JAY DOEGEY, City Attorney C (6) THE STATE OF TEXAS § § City of Kennedale Acknowledgment COUNTY OF TARRANT § . BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared , known to me (or proved to me on the oath of or through (description of identity card or other document)) to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he /she executed same for and as the act and deed of the City of Kennedale, a municipal corporation of Tarrant County, Texas, and as thereof, and for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day of , 2008. Notary Public In and For The State of Texas My Commission Expires Notary's Printed Name THE STATE OF TEXAS § § City of Arlington Acknowledgment COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared GILBERT PERALES, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed same for and as the act and deed of the City of Arlington, a municipal corporation of Tarrant County, Texas, and as Deputy City Manager thereof, and for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day of .2008. My Commission Expires Notary Public In and For The State of Texas Notary's Printed Name (7) Exhibit "A" "The Land ". EXHIBIT 0 200 400 000 1100 1000 Feet (8) Staff Report To the Mayor and Council Members Date: April 10, 2008 Agenda Item No: VII . -e Subject: Consider authorizing the staff to submit a grant application through the Texas Emissions Reduction Plan for the purchase of a replacement backhoe loader. Originated by: Bob Hart Summary: The Texas Commission on Environmental Quality is currently accepting grant applications through the Texas Emissions Reduction Plan for the replacement of equipment that generates emissions that contributes to poor air quality in the region. The city has a 1995 backhoe loader that meets the criteria of the grant. It is not in good shape and will need to be replace fairly soon. The grant program offers us an opportunity to do so at a favorable cost to the city. The replacement backhoe loader will cost approximately $73,100. Recommended action: Authorize the staff to submit an application for replacement of the backhoe loader and to replace the equipment if grant proceeds will pay for at least 50% of the $73,100 estimated cost. Disposition by Council: CADocuments and Settingsl cbrown\mydocuments lsamplestaffreport North Central Texas Council Of Governments TO: NCTCOG Member Government February 29, 2008 FROM: Mike Eastland North Central Texas Council of Governments SUBJECT: Funding Available through the Texas Emissions Reduction Plan The North Central Texas Council of Governments ( NCTCOG) would like to inform you that the Texas Commission on .Environmental Quality (TCEQ) is currently accepting grant applications through the Texas Emissions Reduction Plan (TERP) for projects that reduce nitrogen oxide (NOx) emissions from heavy -duty trucks and equipment. This funding initiative represents a significant opportunity for local governments to upgrade fleet vehicles and equipment. Projects funded must result in a 25 percent or greater reduction in NOx emissions, which is in accordance with the guidelines of the Regional Transportation Council's Clean Fleet Vehicle Policy. Two separate grant programs are currently open and are detailed below. Emissions Reduction Incentive Grants Program The Emissions Reduction Incentive Grants (ERIG) Program is a competitive grant program that provides funding for eligible activities which reduce NOx emissions from high- emitting internal combustion engines. Eligible project types include vehicle and equipment replacement, repower, and retrofit, as well as infrastructure and idle reduction projects. Selection is based on a maximum cost - effectiveness of $10,000 per ton of NOx reduced. The application deadline for this program is April 11, 2008, at 5 p.m. and awards, will be announced in the summer timeframe. Rebate Grants Program The Rebate Grants Program is a noncompetitive grant opportunity that provides funding for limited diesel replacement and repower projects. Applications are awarded on a first -come, first - served basis and will be accepted until July 31, 2008, or until all funding has been . distributed, whichever occurs first. The money allocated to this program is anticipated to be fully awarded well before the July deadline; therefore, interested parties are encouraged to submit an application as soon as possible. Local governments are particularly well- suited for the Rebate Grants Program because awards are based upon default annual activity rates. Since local governments traditionally have lower than average activity, these default rates help eliminate the impediment public entities have often faced in previous TERP rounds. Additional Information and Assistance For additional information regarding TERP_grants, or to download applications, please visit the TERP Web site at www.terpgrants.org or call (800) 919 -TERP (8377). Additionally, in -depth assistance sessions are available throughout the region provided jointly by the Environmental Protection Agency, the TCEQ, the City of Dallas, and the NCTCOG. Applicants taking 616 Six Flags Drive, Centerpoint Two P. O. Box 5888, Arlington, Texas 76005 -5888 (817) 640 -3300 FAX: 817 - 640 -7806 ® recycled paper www.nctcog.org NCTCOG Member Government Page Two February 29, 2008 advantage of this resource will have an opportunity to review grant applications with . knowledgeable staff and discuss different funding scenarios through the ERIC or Rebate Grants Program. A flier detailing the locations and times of assistance sessions is attached for your reference. NCTCOG urges you to take advantage of grant funding through TERP while it is available. If you have questions or concerns regarding this program, please contact Amanda Brimmer at (817) 608 -2354 or at abrimmer @nctcoq orq For questions regarding the Clean Fleet Vehicle Policy, please contact Lori Pampell at (817) 695 -9232 or 1pampell@nctcog.org Mike Eastl nd Executive Director LCP:cg Attachment cc: Michael Morris, P.E., Director of Transportation, NCTCOG Chris Klaus, Senior Program Manager, NCTCOG. Carrie Reese, Program Manager, NCTCOG Amanda Brimmer, Transportation Planner, NCTCOG Lori Pampell, Transportation Planner, NCTCOG Appendix 2 Non -Road. Equipment The methods for calculating the NO. emissions reductions for a non -road equipment project are included in this section. The emissions standards and emissions factors applicable to this program are provided in a Technical Supplement, which will be made available in conjunction with these guidelines. Examples of the calculations will also be available in the supplement, along with other materials prepared by the TCEQ. Potential grant applicants should contact the TCEQ for copies of the supplement and for questions about the applicable. emissions standards and emissions factors. Activities and Eligible Costs The activities and eligible costs under each project category are explained in this section. The TCEQ may further limit the types of eligible activities, and may more narrowly define eligibility requirements, under a particular funding period, as needed to best achieve the goals of the TERM. Administrative costs, in -house labor costs, and travel costs are not eligible expenses. Purehase or Lease of Non -Road Equipment This category is for the purchase or lease of new non -road equipment. The cost may also include the purchase and installation of a Global Positioning System (GPS), subject to approval by the TCEQ. For this category, the TCEQ does not consider whether the applicant is replacing an existing piece of equipment, and the baseline for comparison of emissions is the current federal NO. emissions standard for a non -road engine of that horsepower. To be eligible for funding, the engine on the new piece of equipment must be certified to emit at least 25 percent less NO,, than required under the current federal standard for that horsepower of a non -road engine. Certification means approved by the EPA, the CARB, or otherwise accepted by the TCEQ. A lease is considered the use and control of a new piece of non -road equipment in accordance with a lease contract for a period of five or more years. The TCEQ will reimburse the incremental costs of the lease. The incremental costs are those costs that are above and beyond the costs that would otherwise have been paid for the lease of a baseline vehicle. A purchase is considered buying a new piece of non -road equipment. The TCEQ will reimburse the incremental cost of the purchase. The incremental cost is the difference between the documented dealer price of a baseline piece of equipment, or other appropriate baseline cost established by the TCEQ, and the actual cost of the cleaner equipment. TCEQ publication RG -388 - Revised ■ December 2007 For new purchases, not less than 75 percent of the annual use of the equipment projected for the activity life must be projected to take place in one or more of the eligible counties. Leases must be for the length of the activity life, and 75 percent of the annual use over the lease period must be projected to take place in one or more of the eligible counties. Annual use will be measured by either hours of operation or fuel consumption. Replacement of Non -Road Equipment This category is for the replacement of non -road equipment with a new or newer piece of non -road equipment. For this category, the applicant must be replacing a piece of equipment with a minimum of five years of remaining useful life. The TCEQ may establish longer activity life requirements for each grant period. The baseline for comparison of emissions is the difference between the emissions of the equipment being replaced and the emissions of the equipment being purchased. For a replacement project, the TCEQ will evaluate whether the equipment being replaced would have otherwise been used in the eligible counties for the period within which the emissions reductions will be claimed. Standards that apply include all of the following: 1. The owner must have owned the equipment for a minimum of two years immediately preceding the grant application; 2. Unless otherwise approved by the TCEQ, the equipment must have been located and used in Texas over the preceding two years; and 3. The equipment must be in operating condition. The TCEQ may waive the two -year ownership requirement on a case -by -case basis in instances where the ownership of the company has changed, the assets of the company have been purchased by another company, or the company has changed names or incorporation status. The use of the equipment being replaced may not have changed. Additional documentation to verify that the equipment would have been used within the eligible counties may be required. The engine on the replacement equipment must be certified to emit at least 25 percent less NO. than the engine being replaced. Certification means approved by the EPA, the CARB, or otherwise accepted by the TCEQ. The replacement equipment must be of the same type and should be intended for use in the same application or vocation (for example, excavator, compactor, grader) as the equipment being replaced. The grant recipient may be eligible for reimbursement of up to 80 percent of the eligible incremental costs for the purchase or lease of the replacement equipment, not to exceed an incentive amount that results in a cost- effectiveness of $15,000 or less per ton of NO, reduced. The cost may also include the purchase and installation of a Global Positioning System (GPS), subject to approval by the TCEQ. The TCEQ may further limit the incentive amount to a cost - effectiveness lower than $15,000 per ton for particular funding TCEQ publication RG -388 ■ Revised - December 2007 2 periods, as needed to best achieve the goals of the TERP. Costs may include the invoice price, including taxes and delivery charges included in the price of the replacement equipment, or the cash basis for the lease charges. Delivery charges from a third parry, not included in the invoice price from the vehicle or equipment vendor, may be included, subject to approval by the TCEQ. The total incentive amount also must not exceed the cost of the replacement equipment minus the scrappage value received for the old equipment. The TCEQ may establish a default scrappage value. Not less than 75 percent of the annual usage projected for the activity life must be projected to take place in one or more of the eligible counties. Annual usage will be measured by either hours of operation or fuel consumption. Repower of Non -Road Equipment This category is for the replacement of an existing ongine on a non -road piece of equipment with a new, rebuilt, or remanufactured engine. The engine must be certified to emit at least 25 percent less NO,, than the engine being replaced. Certification means approved by the EPA, the CARB, or otherwise accepted by the TCEQ. Eligible rebuilt or remanufactured engines must use original engine manufacturer (OEM) components only and must be purchased from the OEM or its authorized dealers or distributors. The TCEQ may accept engines provided by other entities, not connected with the OEM, subject to a case -by -case determination. The TCEQ will reimburse the incremental cost of the purchase and installation of the replacement engine. The incremental cost is the cost to purchase and install the replacement engine and associated equipment minus the scrappage value received for the old engine. The TCEQ may establish a default scrappage value. Expenses for salaries, travel, and overhead, including indirect costs, will not be covered. Costs that may be reimbursed, subject to approval by the TCEQ, include: • invoice cost of the new engine, including sales tax and delivery charges; • invoice cost of additional equipment that must be installed with the new engine; • associated supplies directly related to the installation of the engine; • costs to remove and dispose of the old engine; • installation costs; • reengineering costs, if the vehicle or equipment must be modified for the new engine to fit; and • other costs directly related to the project, subject to approval by the TCEQ. Not less than 75 percent of the annual usage of the equipment projected for the activity life must be projected to take place in one or more of the eligible counties. Annual usage will be measured by either hours of operation or fuel consumption. Retrofit or Add -On of Emissions- Reduction Technology TCEQ publication RG -388 ■ Revised - December 2007 3 This category is for the retrofit of an existing engine on non -road piece of equipment, or adding on devices to the equipment. To be eligible for funding, the retrofit or add -on systems must be certified or verified to emit at least 25 percent less NO, than the engine prior to the retrofit or add -on. Certification means approved by the EPA, the CARB, or otherwise accepted by the TCEQ. The TCEQ will reimburse the incremental cost of the purchase and installation of the retrofit and /or add-on technology. If the engine is to be rebuilt to install the emissions - reduction devices, the incremental cost is the difference between the cost of rebuilding the existing engine and the cost of rebuilding the engine to include the retrofit or add -on technology. If the engine does not need to be rebuilt in conjunction with installing the new technology, then the incremental cost will be the full cost of purchasing and installing the technology. Expenses for salaries, travel, and overhead, including indirect costs, will not be covered. Costs that may be reimbursed, subject to approval by the TCEQ, include: • invoice cost of the retrofit kit or add -on devices, including sales tax and delivery charges; • associated supplies directly related to the installation of the devices; • installation costs; • re- engineering costs, if the vehicle or equipment must be modified for the retrofit or add -on devices to be installed and used; and • other costs directly related to the project, including the purchase and installation of a Global Positioning System (GPS), subject to approval by the TCEQ. Not less than 75 percent of the annual usage of the equipment projected for the activity life must be projected to take place in one or more of the eligible counties. Annual usage will be measured by either hours of operation or fuel consumption. Project Criteria In addition to the eligibility criteria previously presented,.the following list of criteria applies to projects involving non -road equipment activities. The TCEQ may impose additional criteria, and may more narrowly define the criteria established in this guide, under a particular funding period, as needed to best achieve the goals of the TERP. • One or more eligible activities of the same project type (i.e., on -road, non -road, locomotive, etc.) and that will occur in the same primary area may be included under one project application. — •. Vehicles and equipment used primarily for competition or recreational purposes are not eligible for funding under any of the project categories. TCEQ publication RG -388 - Revised • December 2007 4 • Non -road equipment activities must provide a NO, emissions reduction compared to baseline NO,, emissions. The NO,, emissions of equipment, engines, and retrofitladd -on devices used to achieve the emissions reductions must be certified or verified by the EPA, the CARB, or otherwise accepted by the TCEQ. In situations where the year of manufacture of the equipment and the year of manufacture of the existing engine are different such as equipment that has already had the engine replaced with a newer engine --the year of manufacture of the engine must be used to determine the baseline emissions standard for emissions - reduction calculations. The application of the 25 percent reduction criteria for each type of activity is explained below. Purchases and leases. Purchases and leases are allowed based on what year the purchase or lease is completed. At a minimum, the equipment and engine being purchased or leased must be certified to emit at least 25 percent less NO. than the current federal NO,- emissions standard for that engine. Replacements. The replacement equipment and engine must have been certified to emit at least 25 percent less NO,, than-the engine being replaced. Repowers. The replacement engine must be certified or verified to emit at least 25 percent less NO. than the engine being replaced. Retrofits and add -ons. Emissions standards for retrofit and add -on activities are based on the engine being retrofitted. The retrofit or add -on technology must be certified or verified to emit at least 25 percent less NO. than the standard for the engine being retrofitted. Combined technologies. In instances where two technologies are combined on the same equipment and/or engine (for example, repower plus retrofit), the TCEQ may consider the combined reductions from the two technologies in meeting the 25 percent requirements. This decision will be solely at the discretion of the TCEQ, and will be based on a determination that the combination of the two technologies will result in a permanent reduction in emissions of at least 25 percent. • The cost�effectiveness of a project, other than a demonstration project, must not exceed $15,000 per ton of NO,, emissions reduced in the eligible counties for which the project is proposed. Individual activities included under a single project application may exceed this amount, but the combined project must meet the cost - effectiveness standard. • Infrastructure activities — including infrastructure costs that are part of a broader repower, retrofit, replacement or add -on project—are excluded from the cost - effectiveness limit $15,000 per ton. • In the areas of the state where Texas Low Emission Diesel (TxLED) must be provided by suppliers, beginning April 1, 2005, the baseline and reduced emissions rate calculations for diesel engine usage after March 2005 must be adjusted using a correction factor, in addition to any other calculation adjustments. TCEQ publication RG -388 ■ Revised - December 2007 5 TEXAS EMISSIONS REDUCTION PLAN A P R O G R A M O F T H E T C E Q Emissions Reduction Incentive Grant Supplemental Activity Application Forms NON -ROAD HEAVY DUTY EQUIPMENT TCEQ- 10430b Version 08.01 One Supplemental Activity Application Form should be used for each activity. Applications will be considered void if language is altered. The completed form should be attached to the Project Application Form (TCEQ- 10430). This application form is only valid for the application period ending April 11, 2008, or subsequent end date if the application period is extended. Texas Commission on Environmental Quality 3 Air Quality Division Implementation Grants Section (Incentive Grants), MC -204 P.O. Box 13087 �■ Austin, TX 78711 -3087 TCEQ 1 -800- 919 -TERP (8377) www.terogrants.org INSTRUCTIONS Attach this form to the Project Application Form (10430). This form is to be used to provide information for non - road equipment activities, as part of an application for funding under the Texas Commission on Environmental Quality's (TCEQ) Emissions Reduction Incentive Grants Program. Complete one Supplemental Activity Application Form (10430b) for each activity. Each purchase or lease, replacement, repower, or retrofit/add -on is considered a separate activity. An Equipment Information Form (10430b.1 - 10430b.4) should also be attached for each activity. Refer to the TCEQ's Guidelines for Emissions Reduction Incentive Grants (RG »388) and to the applicable Request for Applications for detailed information regarding eligibility of technologies and expenses. A separate Technical Supplement for Non -Road Equipment is also available. The supplement provides instructions on calculating emissions reductions and cost per ton, and also includes the emissions standards and factors that will be used by the TCEQ to evaluate the application. Specific Eligibility Criteria for Non -Road Heavy -Duty Activities. • Non -road heavy -duty equipment must be powered by a 25 horsepower (hp) or greater engine. Vehicles that use an on -road engine (one certified by the EPA to federal on -road emissions standards) should be applied for using the on -road supplemental activity application form (TCEQ- 10430a) and not this form. ■ A project may not exceed $10,000 per ton of NO, emissions reduced in the eligible counties. Individual activities may exceed the amount as long as the combined project is equal to or less than $10,000 per ton. • For replacement projects, the proposed usage commitment can not exceed the average annual usage over the past 24 months and no more than 80 percent of the eligible incremental costs of each activity may be reimbursed. • If the grant - funded vehicle or equipment will be acquired and used under a lease or a lease - purchase agreement, the period of the lease agreement must extend for at least the Activity Life or, if the lease terminates before the end of the Activity Life, the lease agreement must include a binding commitment for the grant recipient to pay any remaining costs and to take ownership of and title to the vehicle or equipment. An option to buy at the end of the lease term, without a binding commitment on the part of the grant recipient, will not be sufficient to satisfy this provision. • Equipment used primarily for competition or recreational purposes are not eligible for funding. • The NO, emissions of the reduced - emission technology and /or the percentage reduction in the baseline NO, emissions must be certified or verified by the U.S. Environmental Protection Agency (EPA) or the California Air Resources Board (CARE). • In instances where two technologies are combined on the same equipment and /or engine, the TCEQ may consider the combined reductions from the two technologies in meeting the 25 percent reduction requirements. This decision will be solely at the discretion of the TCEQ. Combining a qualifying fuel technology with a different technology will not normally be considered a permanent reduction to meet the 25 percent reduction requirement. • An activity is not eligible if it is required by any state or federal law, rule, regulation, memorandum of agreement, or other legally binding document. • The incremental cost must be reduced by the value of any other financial incentive to be used to directly offset some of the cost, including tax credits or deductions, other grants, or any other public financial assistance. • Subject to approval of the TCEQ, a non -road engine emissions upgrade system verified by the EPA or CARB to result in a reduction in NO, emissions of at least 25 percent may be considered a repower. The upgrade system must be installed in accordance with the specifications of the EPA or CARB verification and in accordance with the system manufacturer's requirements. A label ar other identification markings must be affixed to the upgraded engine signifying that the kit has been installed and indicating the emissions rate or percentage reduction in emissions from the original baseline engine to which the upgraded engine is now verified. TCEQ- 10430b Version 08.01 i/ f� 9� d� GLENN GREENWOOD Investment Proposal for: ^ITY OF KENNEDALE ( MUNICIPAL DRIVE _NNEDALE, TX 76060 Phone: (817) 478 -5418 r RDQ EQUIPMENT CO. No Serial # Glenn, here's your'Buy Board cost on the 310J version. All we discussed is listed. I havent gotten a reason yet, but you'll see the operators seat is a mechanical adjustment not air. Additional! the computer forced me to line item the code fot the tilt steering, its' cost as part of this price is $363.10. 1 look forward to hearing of Kennedale success; should you need any assistance please call. Thank You Equipment: NEW 2008 JOHN DEERE 310J List Price $97, 034.01 Key Features 7310T 310J BACKHOE LOADER 0800 31W NO PACKAGE 1085 PE4045TT088 310J TIERIII TUR 2085 CAB WITH HEAT AND AIR COND 2675 SUSPENSION FABRIC SEAT 3035 STANDARD FRONT AXLE 4260 19.5LX24R 11LX16F 5070 EXT DIP 5 FNC SH STAB 5225 TWO LEVER CONTROLS 5410 COUPLER, STANDARD BKT QUICK 5656 24" HD BACKHOE BUCKET 7075 LDR W/RTD 3 3 FUNC HYD 7675 86" MULTI PURPOSE BUCKET 8415 HEAVY DUTY BUMPER 8625 ONE BATTERY-150 MIN CAP 9055 TILT STRING WHL INSTALLATION 9175 FRT WINDSHIELD WASHER 9190 BOOM PROTECTION KIT Serial Number TBD (0 Approximated Hours) ` achments tvEW 2008TOOTHPRO, INC. NEWMODEL 11FB30SL Prep / Reconditioning Delivery Out PROPOSAL SUMMARY Jim Johnson 9024 Northwest Highway 287 Fort Worth, TX 76177 Phone: (817) 232 -8094 Mobile: (817) 2914604 Equipment Price $71,611.10 Purchase Price of this Unit $935.78 $400.00 $150.00 $73.096.88 Equipment Total $73,096.88 Sub Total $73,096.88 Applicable sales taxes to apply Total Investment $73.096.88 Jim Johnson ACCOUNT MGR RDO EQUIPMENT CO. jejohnson@rdoequipment.com This proposal was created on April 2, 2008 and is valid until May 2, 2008 and is D144641 C5418011 Page 1 of 1 subject to prior sale. After that date the quote and terms in the proposal may need to be revised. KENNEDALE 405 Municipal Drive, Kennedale, Texas 76060 PUBLIC HEARING VIII. -f SIGN -IN FORM - PAZ Case 08 -01 SUBJECT: To receive citizens' comments regarding Ordinance No. 393, P &Z Case 08 -01, a request for a zone change of 23.84 acres consisting of Lot 3A, A. C. Bolen Addition; Abstract, 1376, Tracts 13A06, and 13A09, David Strickland Survey; Block 2, Lots JA thru 4A, 5A2, and 1B1 thru 5B1, Swiney Estates in the City of Kennedale, Tarrant County, Texas. The current zoning is "AG" (Agricultural) and "R -1" (Single Family Residential). The proposed zoning is "PD" (Planned Development). Requested by Monty Carpenter on behalf of Volunteers of America. 1. NAME: ADDRESS: / y L ZIP 6 Y PHONE NUMBER l F 2 3y I 2. I HEREBY ®-VISH TO ADDRESS COUNCIL. ❑ DO NOT WISH TO ADDRESS COUNCIL, BUT I WOULD LIKE TO REGISTER THE FOLLOWING OPINION. 3. I AM REGISTERING ❑ FOR ❑ AGAINST ORDINANCE NO. 393 4. IN REGISTERING, I REPRESENT: ❑ MYSELF ELTHE FOLLOWING PERSONS, FIRMS, CORPORATIgNS, CLASSES OR GROWS: 5. THEIR BUSINESS ADDRESS IS: — T Z SIGNATURELI- DATE: April 10, 2008 KENNED, 405 Municipal Drive, Kennedale, Texas 76060 PUBLIC HEARING VIII. -f SIGN -IN FORM PAZ Case 08 -01 SUBJECT: To receive citizens' comments regarding Ordinance No. 393, P &Z Case 08 -01, a request for a zone change of 23.84 acres consisting of Lot 3A, A. C. Bolen Addition; Abstract, 1376, Tracts 13A06, and 13A09, David Strickland Survey; Block 2, Lots IA thru 4A, 5A2, and 1B1 thru 5B1, Swiney Estates in the City of Kennedale, Tarrant County, Texas. The current zoning is "AG" (Agricultural) and "R -1" (Single Family Residential). The proposed zoning is "PD" (Planned Development). Requested by Monty Carpenter on behalf of Volunteers of America. 1. NAME: `�l''�r� ✓ �.,q�� '��)2 ADDRESS: / - /'Z '-/ �:?^'✓�� / I &-& S �2� .✓ ��. 7 ZIP PHONE NUMBER: �� S Z_`1 .7 2. I HEREBY R'�IISH TO ADDRESS COUNCIL. ❑ DO NOT WISH TO ADDRESS COUNCIL, BUT I WOULD LIKE TO REGISTER THE FOLLOWING OPINION. 3. I AM REGISTERING B &OR ❑ AGAINST ORDINANCE NO. 393 4. IN REGISTERING, I REPRESENT: ❑ MYSELF N4HE FOLLOWING PERSONS, FIRMS, CORPORATIONS, CLASSES OR GROUPS: 5. THEIR BUSINESS ADDRESS IS: / c/ 1 /Avg P/, // / e S'/ wu Z79 7,r '76 i„1 SIGNATURE: �i7 . '`l DATE: April 10, 2008 KENNEDALE 405 Municipal Drive, Kennedale, Texas 76060 PUBLIC HEARING VIII. -f SIGN -IN FORM - P&Z Case 08 -01 SUBJECT: To receive citizens' comments regarding Ordinance No. 393, P &Z Case 08 -01, a request for a zone change of 23.84 acres consisting of Lot 3A, A. C. Bolen Addition; Abstract, 1376, Tracts 13A06, and 13A09, David Strickland Survey; Block 2, Lots IA thru 4A, 5A2, and 1B1 thru 5B1, Swiney Estates,in the City of Kennedale, Tarrant County, Texas. The current zoning is "AG" (Agricultural) and "R -1" (Single Family Residential). The proposed zoning is "PD" (Planned Development). Requested by Monty Carpenter on behalf of Volunteers of America. 1. NAME: �' l� [ �'a y�A P V r P - L ADDRESS: C7 r7 e ✓i n S,r [ Oct ZIP (g O U PHONE NUMBER: a- 1 S d 2. I HEREBY O-WI TO ADDRESS COUNCIL. ❑ DO NOT WISH TO ADDRESS COUNCIL, BUT I WOULD LIKE TO REGISTER THE FOLLOWING OPINION. 3. I AM REGISTERING ❑ FOR V A-G"AINST ORDINANCE NO. 393 4. IN REGISTERING, I REPRESENT: M -WSELF ❑ THE FOLLOWING PERSONS, FIRMS, CORPORATIONS, CLASSES OR GROUPS: 5. THEIR BUSINESS ADDRESS k\ SIGNATURE: k1d �( ;� ��(�� DATE: April 10, 2008 - x - + e Vt., I CALL CALL ENTRY ENTRY -TIME LOCATION REPORT -NO PRIORITY DISPOSITION COMP _NAME - NO 70932335 4 4/3/2007 18:49:09 1424 HEMPHILL ST 2 INV RETTA WEATHERWOOD 71581302 14 6!712007 12:47:35 1424 HEMPHILL ST 2 UTL CALVIN SMITH 71682572 7 6/1712007 23:52:53 1424 HEMPHILL ST 2 FAL ASAP 73090984 68 11/5/2007 10;41:42 1424 HEMPHILL ST 1 FAL ASG 73210686 7 11/17/2007 7:49:17 1424 HEMPHILL ST 2 FA ASAP 73372848 7 12/3/2007 23:02:54 1424 HEMPHILL ST 2 FAL ASAP 60120573 7 1112/2008 7:19:04 1424 HEMPHILL ST 2 FAL ASAP SYSTEMS 80131469 7 1/13/2008 15:41:43 1424 HEMPHILL ST 2 FAL ASAP SYSTEMS 80971087 51 4/6/2008 13:23:07 1424 HEMPHILL ST PDO800039228 2 RTF MARIA 70671270 61 3/8/2007 12:23:20 1619 CIRCLE PARK BL 2 RTF CC 70860665 7 3/27/2007 8:32:30 1519 CIRCLE PARK BL 2 NOR 71352299 90 5115/2007 18:29:49 1519 CIRCLE PARK BL 4 NOR 72621519 38 9/19/2007 13:37:27 1519 CIRCLE PARK BL PD0700111767 2 NOR HAWK 72781046 41 10/5/2007 10:57:07 1519 CIRCLE PARK BL 3 NOR HAWK 72852611 7 10/12/2007 21:54:50 1519 CIRCLE PARK BL 2 INV MS. MYERS /DIRECTOR 72861386 7 10/1312007 14:35:34 1519 CIRCLE PARK BL 2 FAL ADT 72080278 7 1011512007 3:12:46 1519 CIRCLE PARK BL 2 FAL HAWKSECURITY 72880474 7 10/15/2007 6:39:34 1519 CIRCLE PARK BL 2 FAL HAWK SECURITY 72880727 7 10/15/2007 8:24:28 1519 CIRCLE PARK BL 2 FAL HAWK 72882498 7 1011512007 21:14:51 1519 CIRCLE PARK BL 2 FAL HAWKS 72890176 7 10/16/2007 1:36:31 1519 CIRCLE PARK BL 2 FAL HAWKS 72912579 7 10118/2007 20:18:25 1519 CIRCLE PARK BL 2 FAL HAWK 72920189 7 10119/2007 1:30:03 1519 CIRCLE PARK BL 2 FAL HAWK 72920658 7 10/19/2007 7:38:30 1519 CIRCLE PARK BL 2 FAL HAWK 71050384 10 4115/2007 3:19:15 4700 S RIVERSIDE DR PDO700042600 3 NOR DWIGHT 70761780 14 3/17/2007 18:35:55 4700 S RIVERSIDE DR 2 NOR VOLUNTEERS OF AMERICA 72330147 14 8/21/2007 1:06:43 4700 S RIVERSIDE DR 2 RTF VOLUNTEERS OF AMERICA RAYMOND B 72422841 14 8/30/2007 22:07:05 4700 S RIVERSIDE DR 2 NOR 73252019 14 11/21/2007 21:02:23 4700 S RIVERSIDE DR PD0700139083 2 73041922 28 1Q/31/2007 17:00:27 4700 S RIVERSIDE DR 2 NOR VOLUNTEERS OF AMERICA - JAMES 73071153 51 111312007 13:49:26 4700 S RIVERSIDE DR 2 NOR FEMALE 80562054 61 2/25/2008 17:04:52 4700 S RIVERSIDE DR 2 NOR 72991826 67 10126/2007 17:48:04 4700 S RIVERSIDE DR 4 NOR MARY ROUTT 73232376 83 11/19/2007 20:00:49 4700 S RIVERSIDE DR 4 NOR 70820762 84 3123/2007 8:23:18 4700 S RIVERSIDE DR 2 GOA CC FEMALE Fort Worth Police Department's Call Types /Signals 1 Minor Accident 48 Flat Tire 2 Major Accident 49 Garage 3 Hit and Run Accident 50 Information /Broadcast 4 Assault 51 Investigation 5 Sexual Assault 52 1 Loose Livestock 7 Commercial Burglary Alarm 53 Criminal Mischief 8 Residential Burglary Alarm 54 Meet Officer/Agency 9 Non-permitted Burglary Alarm 55 Missing Person/Runawa 10 Burglary 56 Open Structure 11 Icutting 58 1 Radio Repair 12 Deceased Person 59 Headquarter/Sector Detail 13 Demented Person 60 Stolen Vehicle 14 Disturbance 61 Other 14M Loud Music 62 Unit Secured 15 Domestic Disturbance 16 Animal Call 63 lAssist (back-u 18 Domestic Related Phone Harassment 64 Call for Police no other details 19 Intoxicated Person 65 Business /Residence Check 22 DWI /DUID 67 D.E.C.0.R. 23 Fight 68 Commercial Holdup Alarm 25 Fire Call 69 Radar Detail 26 Hospital Call 70 CSSU 27 Injured Person 72 Hotrodders 28 Meet Ambulance 73 29 Meet Complainant _ Interpret 74 Residential Panic Alarm 30 Parking Violation 75 S.W.A.T. Callout 32 Person with a Weapon 77 Shots Fired in Area 33 Prisoner Pickup 78 Hospital Guard 34 Prowler 79 911 Han u /O en Line 36 Robbery 80 Teen Curfew Violation 37 Shooting 81 Surveillance 38 Suspicious Subject/Vehicle 82 Warrant Preparation 40 ITheft 83 Warrant Service 41 Abandoned Vehicle 84 Suicide Attempt 42 Abandoned Property 85 Home Invasion 43 Coffee Break 86 Kidnappin 44 Court 87 Traffic Detail 45 icancel Call 90 Community Service 46 1 Eat 99 Out of Car 47 1 Escort 1100 JCOBRA Print From: Wiseman, Kristi ( Kristi.Wiseman@fortworthgov.org) To: 'felipe76 @swbell.net' Date: Monday, April 7, 2008 2:41:43 PM S>ub;Pct: FW: 911 Calls Felipe, Please have a look at this and let me know if it is the type of info you were looking for. Thanks! Kristi Kristi Wiseman Council Aide to Joel Burns 1000 Throckmorton St Fort Worth, Texas 76102 817.392.8809 kristi.wiseman @fortworthgov.org From: Nesbitt, Jill E. Sent: Monday, April 07, 2008 2:39 PM To: Wiseman, Kristi Subject: FW: 911 Calls Page 1 of 2 Here is the info you requested. There are 2 tabs at the bottom of the workbook. One describes the nature of the calls and the other is the call history. Let me know if you have any questions. Jill From: Goins, Judith Sent: Monday, April 07, 2008 2:23 PM To: Nesbitt, Jill E. SW t: FW: 911 Calls Can you provide this for her. Thanks From: Wiseman, Kristi Sent: Monday, April 07, 2008 1:23 PM To: Kneblick, Patricia; Goins, Judith Cc: Burns, Joel Subject: RE: 911 Calls We'd like volume for one year please at the following addresses: 1424 Hemphill 1519 Circle Park 4700 Riverside Thanks very much, Kristi Wiseman Council Aide to Joel Burns 1000 Throckmorton St Fort Worth, Texas 76102 817.392.8809 kristi.wiseman @fortworthgov. F8. � Felipe 817 - 713 -7426 From: Kneblick, Patricia Sent: Monday, April 07, 2008 12:22 PM http: / /us.f836.mail. yahoo. com /dc /launch ?.rand= 7s6ls6vdgl 6p7 4/9/2008 Print To: Wiseman, Kristi; Goins, Judith Subject: RE: 911 Calls Page 2 of 2 Judy_ Th( estion is, how many calls for service came from the 2 Volunteers of America locations in Fort Worth ? Kristi has t.jLe addresses and can give you a time frame to look, etc. Thanks. Patricia J. Kneblick Interim Chief of Police Fort Worth Police Department 817.392.4210 patricia.kneblick fortwort ov.or From: Wiseman, Kristi Sent: Monday, April 07, 2008 12:13 PM To: Kneblick, Patricia Subject: 911 Calls So sorry to bother you. Can you direct me to the staff person who can answer a question regarding 911 calls and Volunteers of America? Kristi Wiseman Council Aide to Joel Burns 1000 Throckmorton St Fort Worth, Texas 76102 817.392.8809 kristi.wiseman @fortworthgov.org http: / /us.f836. mail. yahoo. com /dc /launch ?.rand= 7s6ls6vdgl6p7 4/9/2008 APR -10 -2008 THU 05;05 PM FT WORTH MAYOR & COUNCIL FAX NO. 8173926187 F TELEFAX FROM MAYOR AND COUNCIL OFFICE P. 01 pct f DATE TELEFAX N JMFER:� BAO(pl TO: OROANUATION NAME: FROM: C/o COUP Nninber of Pages, Including this Cover Sheet: WE ARE TP.ANSMITTING FROM A S1L4RP FO- r)C500 OUR TELEFAX NUMER IS (817) 392 -6187. IF YOU TIA + ANY PROBLEMS RECEIVING, K-EASE CALL (817) 392 -6118. T17ANK YOU. NOTE; Note: This facsimile transmission may contain material of a sensitive or confidentiol nature. If you are not (lie intended recipient of this message, you are requested to lender this o►essage to the intended recipient as quickly and confidentially as you can. If you do not know the intended recipient or believe that you many have received this Fix in error, please contact the sender. Thank you for your assistance- * Strong neighborhoods • Sound economy • Safe con nn unity • APR -10 -2008 THU 05:05 PM FT WORTH MAYOR & COUNCIL FAX NO, 8173926187 P. 02 T4em - .4 - 3 P Co5 V- I Zoning Commission Minutes, Page 0 ZC-07.177 11/14/07 Zoning Commission Public Hearing Minutes Cace No.,and Caption zC -07 -177 Volunteers of America Northern Texas Development Corporation, Inc. 4700 South Riverside Drive Zoning Change Request From - "A -5" One Family Residential To - "PD /SU" Planned Development/Specific Use for Group i-lome II, inrh.iding ancillary uses, shelter and offices. Site plan required. (SP -07 -055) Staff Comments Surrounding land uses include single family to the noilh and west, with single farnily vacant lots to the south, and a church to the east. On the basis of surrounding land uses, the proposed zoning is compatible at this location. nip Comprehensive /'1,111 designates the site as Single Family Residential. The requested zoning does not conform to the future land use map. This request conforms to the Comproh(311sive Plan policy to locate commercial and Institutional uses adjacent to arterial streets, preferably at the intersections of other arterials and highways. However, it d es not conforni to the Comprehensive Plan policies to encourage new df veloi)merjt in rbacactcr,yvjv'ih,_(,hE exi`st'ing nelghbor�d scale, architecture, and platting pattern; an to preserve a a protect residential neighborhoods from Incompatible land uses, cut-through trarlic, disinvestments, encroachment, speculation, demolition, neglect, and other negative: forces. Based on a lack of con w'th the futrue lan use and policies. the Ms. Burghdoff explained if this request is denied, the existing facility will continuo to operate as it is today, but no new construction will be allowed. It will stay "A -5" One Family Residential and be legal non conforming. What is being requested with this application, she explained, is an office and for the remainder of the property to be correctly zoned for the existing use. The site plan shows the proposed construction. Public Testimony Mr. Marc Kurbansade, 801 Cherry Street, Fort Worth, Texas, appeared on bclialf of the applicant and informed the Comrnissloners he would like to request a 60 day continuance whereby they can modify and revise the application. He confirmed he has contacted the neighborhood associations and they plan to meet with them this Saturday. Ho confirmed that in speaking with some of the residents of the area, he has gotten a good idea of what their concerns are. He responded to Mr. Kemp's question by stating that from the first meeting with the neighbors, he has ascertained there was a certain HrK i u i nu un ; uo rri r i WUK i n rrn rurc a uuuivu i L r nn nu. o i i jacu f o r r. uJ -. - pct Zoning Commission Minutes, Page 10 ZC-07 -171 11/14/07 ZC- 07177 (Continued) amount of misunderstanding between what Is being proposed and what the neighbors Mink is being proposed. There were a number of the neighbors who were under the mistaken impression this proposal was to build moro beds at this facility. What is actually being proposed, he explained, is an office. Nothing more, nothing less. Mr. Georao aW in, 4849 South Riverside Drive Fort Worth, Texas, spoke in opposition to this request and said not only does he represent the Glencrest Civic League but also the homeowners in this area. He confirmed he ham ersonal �en top roperty owner within 300 feet of this far01 and avaru rnn lhl pro �5 y -- ��m_C�� iect. Ho expressed the opinion ilia primary reason for their opposition Is bemuse of the traffic a � this facility generates, This is not necessarily vehicular traffic, he explained, but people from the facility walking through the neighborhood. While they are walking, he said, they are doing various things which are considered by most of the neighbors to be a problem for the community. That is an element, he noted, the community does not want there. The neighbors do not want anything else to go in this area, lie said, �( Mr. Alexander Davis, 4917 Old Mansfield Road, Fort Worth, Texas, also spoke in opposition to this request and reiterated what Mr. Taplin said. This Is bad for t he, community, /Mr. Cleveland Harris, 1037 Colvin Avenue, Fort Worth, Texas, a representative of tho • 5 Morningside Neighborhood Association also spoke in opposition to this request and `n reiterated what was stated earlier. o 1� Ms. Wanda Conlin, 1755 Martel, Fort Worth, Texas, 76103, a representative of the West Meadowbr00k Neighborhood Association reiterated what the previous opposition (M speakers stated. Her group supports their viewpoint. Mr. Louis McBee, 5513 Aspen lane, Fort Worth. Texas, a representative of the Easlside Sector Alliance, said his group supports the neighborhoods and the surrounding land �GC,%% owner's opposition to this proposal. \J Mr. Kurbansade spoke in rebuttal and stated since this facility is currently considered legal non conforming, it will continue to operate whether this proposal is approved or not, He expressed the opinion the office will provide a level of security if it Is constructed. Further, he has not heard of many people who oppose the office. What is opposed, he explained, Is some of the residents going out into the neighborhood. He confirmed they need to define "shelter" and "office" better on the application and this was previously a halrway house, Commission Discussion Mr. Kemp noted this sion has received sev vetitlons from this area and the nal gh rs o not like this project. He expressed the opinion the applicant Is not being g a —�—.y APR -10 -2008 THU 05:05 PM FT WORTH MAYOR & COUNCIL FAX NO. 8173926187 P. 04 pck Zoning Commission Minutes, Pape 11 7.0 -07 -177 : 11/14/07 ; ZC- 07-177 Continued good neighbor with Oils proposal. f =urther. he skid lb -apo ,ppyl ay_ mays- 1 elt r" and "office" which are jW j{i pm- f i 4A He also said it seems ridiculous to give the applicant false hope this will be approved. If this Commission were to grant the 60 day continuance, eventually it will have to be heard and the community iu_st does not want this out there. Mr. Wise explained what this Commission Is considering is not whether or not this facility will remain open, but rather bring the zoning of the entire property into compliance with the current use there. This action will not close the facility as it is a legal non conforming use, but rather is for an office to be constructed there. He said there is a large amount of opposition to this facility, but this Commission is not here to consider that. But, he said, what he thinks he is hearing Is the applicant wants an office there rind the neighbors want better security and safety and to have less of the residents traversing tho neighborhood. There Is. he admitted. str ong opposition to this reouest and the anblirant uununuenuu is yrenrea, ne no[ea, it wovio p e wpocia 101 tow work on improving some of the problems at the facility and bring that improvement to tho neighbors and show what can be done in a short period or time. Mr. Ortiz said he has the feeling what it appears the noighbor's opinion is that they do not want to seo anything else In this area. Commission Action Motion To: DENY WITH PREJUDICE; 13y W Mr. Kemp; 2 nd — Mr. Greenhill Vote: UNANIMOUS (0-0) Motlon: That the case be DENIED WITH PREJUDICg as presented. - ---son- APR -10 -2008 THU 05.05 PM FT WORTH 11AYOR & COUNCIL FAX NO. 8173926187 P. 05 Council Member Moss stated that he had not received any opposition from the neighborhood relative to the rezoning of this property. There being no one else present desiring to be heard in connection wilh the application of Francisco Ulloa, Council Member Moss trade; a motion, seconded by Council Member Espino, that the hearing be closed and that the Council overturn the City Zoning Commission's denial with prejudice and approve Zoning Docket No. ZC -07 -178. The inotion carried unanimously nine (9) ayes to zero (0) nays. 7•C -07 -190 There was presented ?toning Docket No. ZC -07 -190, application of 700 MOW Without Rosedale, L.P., for a change in zoning of property located 1015 Travis Avcnuc Prejudice from "D" High Tensity Multifamily Residential to "MU- I "1,ow intensity Mixed Use. Council Member Davis made a motion, seconded by Council Member Silcox, that 'Zoning Docket No. ZC -07 -190, be denied without prejudice. Tlie ,notion carried unanimously nine (9) ayes to zero (0) nays. CITY Of? rORT WORT11, TEXAS III' ( -'UI,AR CITY C()1; NC I1. MEETING DECEMBER 4, 2007 PAGE 27 or 33 Council Member Silcox made a motion, seconded by Council Mcmbcr Davis, that Zoning Docket No. ZC-07 -176, be denied with prejudice. The motion carried unanimously nine (9) ayes to rero (0) nays. ZC -07 -177 Thee was presented 'Zoning Docket No. ZC- 07.177 and Site Plan Nei. SP-07- - tiP -07 -055 055, application of Volunteers of America North Texas Development Denial With Corporation, Inc., for a clialige in coning of property located at 4700 South Prejudice Riverside Drive from "A -5" One Family Resicluntial to "I'D /SU" T'Janned Development/Specific Use for Croup home 11, with ancillary uses, including a shelter with offices, and with site plan required. Mayor Pro tern Flicks made a motion, seconded by Council Meniher Silcox, that Zoning Docket No. ZC -07 -177 and Site Plan No. SP -07 -055, be denied with prejudice. 'rho motion carried unanimously nine (9) ayes to zero (0) nays. ZC,07478 it appeared that the City Council, at its meeting of November 6, 2007, continued Approved the hearing of the application of Francisco 111loa flor a ch;tnge in zoning of property located at 4901 Miller Avenue frorn "I'D -176" Planned Development for 1;' Neighborhood Commercial uses, plus automotive storagc with exclusions to amend "PD -176" Planned Development to include automotive sales, Willi waiver of site plan requested, Zoning Docket No. ZC-07 -1711. Mnyor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. Council Member Moss stated that he had not received any opposition from the neighborhood relative to the rezoning of this property. There being no one else present desiring to be heard in connection wilh the application of Francisco Ulloa, Council Member Moss trade; a motion, seconded by Council Member Espino, that the hearing be closed and that the Council overturn the City Zoning Commission's denial with prejudice and approve Zoning Docket No. ZC -07 -178. The inotion carried unanimously nine (9) ayes to zero (0) nays. 7•C -07 -190 There was presented ?toning Docket No. ZC -07 -190, application of 700 MOW Without Rosedale, L.P., for a change in zoning of property located 1015 Travis Avcnuc Prejudice from "D" High Tensity Multifamily Residential to "MU- I "1,ow intensity Mixed Use. Council Member Davis made a motion, seconded by Council Member Silcox, that 'Zoning Docket No. ZC -07 -190, be denied without prejudice. Tlie ,notion carried unanimously nine (9) ayes to zero (0) nays. AU NNEDALE 405 Municipal Drive, Kennedale, Texas 76060 PUBLIC HEARING VIII. -f SIGN -IN FORM PAZ Case 08 -01 SUBJECT: To receive citizens' comments regarding Ordinance No. 393, P &Z Case 08 -01, a request for a zone change of 23.84 acres consisting of Lot 3A, A. C. Bolen Addition; Abstract, 1376, Tracts 13A06, and 13A09, David Strickland Survey; Block 2, Lots IA thru 4A, 5A2, and 1B 1 thru 5B 1, Swiney Estates in the City of Kennedale, Tarrant County, Texas. The current zoning is "AG" (Agricultural) and "R -1" (Single Family Residential). The proposed zoning is "PD" (Planned Development). Requested by Monty . Carpenter on behalf of Volunteers of America. 1. NAME: � E--1 I• Q � 1"C� ADDRESS: I�-e r l AEDALc- — zip — 1 GOGJo PHONE NUMBER: b I 1 5 1 t 5 3 Q 2. I HEREBY L7 WISH TO ADDRESS COUNCIL. ❑ DO NOT WISH TO ADDRESS COUNCIL, BUT I WOULD LIKE TO REGISTER THE FOLLOWING OPINION. 3. I AM REGISTERING ❑ FOR F A / GAINST ORDINANCE NO. 393 4. IN REGISTERING, I REPRESENT: AYSELF ❑ THE FOLLOWING PERSONS, FIRMS, CORPORATIONS, CLASSES OR GROUPS: 5. THEIR BUSINESS ADDRESS IS: SIGNATURE: - S #- -Y/ n DATE: April 10, 2008 KENNEDALE 405 Municipal Drive, Kennedale, Texas 76060 PUBLIC HEARING VIII. -f SIGN -IN FORM PAZ Case 08 -01 SUBJECT: To receive citizens' comments regarding Ordinance No. 393, P &Z Case 08 -01, a request for a zone change of 23.84 acres consisting of Lot 3A, A. C. Bolen Addition; Abstract, 1376, Tracts 13A06, and 13A09, David Strickland Survey; Block 2, Lots IA thru 4A, 5A2, and IBl thru 5B1, Swiney Estates in the City of Kennedale, Tarrant County, Texas. The current zoning is "AG" (Agricultural) and "R -1" (Single Family Residential). The proposed zoning is "PD" (Planned Development). Requested by Monty Carpenter on behalf of Volunteers of America. 1. NAME: Y\ fi U C, ADDRESS: u z �' N s `� v� r- ✓ E ZIP 4 O J PHONE NUMBER: S � ° _ 2. I HEREBY W-WiSH TO ADDRESS COUNCIL. ❑ DO NOT WISH TO ADDRESS COUNCIL, BUT I WOULD LIKE TO REGISTER THE FOLLOWING OPINION. 3. I AM REGISTERING ❑ FOR GAINST ORDINANCE NO. 393 4. IN REGISTERING, I REPRESENT: 414YSELF ❑ THE FOLLOWING PERSONS, FIRMS, CORPORATIONS, CLASSES OR GROUPS: 5. THEIR BUSINESS ADDRESS IS: SIGNATURE: a DATE: April 10, 2008 KENNEDAZE 405 Municipal Drive, Kennedale, Texas 76060 PUBLIC HEARING VIII. -f SIGN -IN FORM PAZ Case 08 -01 SUBJECT: To receive citizens' comments regarding Ordinance No. 393, P &Z Case 08 -01, a request for a zone change of 23.84 acres consisting of Lot 3A, A. C. Bolen Addition; Abstract, 1376, Tracts 13A06, and 13A09, David Strickland Survey; Block 2, Lots lA thru 4A, 5A2, and 1B1 thru 5B1, Swiney Estates in the City of Kennedale, Tarrant County, Texas. The current zoning is "AG" (Agricultural) and "R -1" (Single Family Residential). The proposed zoning is "PD" (Planned Development). Requested by Monty Carpenter on behalf of Volunteers of America. 1. NAME: C � �2i)t ADDRESS: ) 0� f C'j ZIP 7Ql� '�)V O PHONE NUMBER: 8 ) 7 H — 2. I HEREBY WISH TO ADDRESS COUNCIL. ❑ DO NOT WISH TO ADDRESS COUNCIL, BUT I WOULD LIKE TO REGISTER THE FOLLOWING OPINION. 3. I AM REGISTERING ❑ FORXGAINST ORDINANCE NO. 393 4. IN REGISTERING, I REPRESENT: ❑ MYSELF THE FOLLOWING PERSONS, FIRMS, CORPORATIONS, CLASSES OR GRO S: Vy Ga- ASP 0.1 S 5. THEIR BUSINESS ADDRESS IS: SIGNATURE: �� DATE: April 10, 2008 KEAINEDALE 405 Municipal Drive, Kennedale, Texas 76060 PUBLIC HEARING VIII. -f SIGN -IN FORM PAZ Case 08 -01 SUBJECT: To receive citizens' comments regarding Ordinance No. 393, P &Z Case 08 -01, a request for a zone change of 23.84 acres consisting of Lot 3A, A. C. Bolen Addition; Abstract, 1376, Tracts 13A06, and 13A09, David Strickland Survey; Block 2, Lots IA thru 4A, 5A2, and 1B 1 thru 5B 1, Swiney Estates in the City of Kennedale, Tarrant County, Texas. The current zoning is "AG" (Agricultural) and "R -1" (Single Family $esdential). The proposed zoning is "PD" (Planned Development). Requested by Monty Carpenter on behalf of Volunteers of America. 1. NAME: ADDRESS 3P 3 � er� U 1 y4 IG � U e 1Le �w��c�lca� 7vL ZIP n %., d t.0 PHONE NUMBER: 1 6n -10-0 - 931 2. I HEREBY L7 WISH TO ADDRESS COUNCIL. ❑ DO NOT WISH TO ADDRESS COUNCIL, BUT I WOULD LIKE TO REGISTER THE F LLOWING OPINION. 3. I AM REGISTERING 11 FOR AGAINST ORDINANCE NO. 393 4. IN REGISTERING, I REPRESENT: [}'MYSELF ❑ THE FOLLOWING PERSONS, FIRMS, CORPORATIONS, CLASSES OR GROUPS: 5. THEIR BUSINESS ADDRESS IS: w SIGNAT DATE: April 10, 2008 'Aw 405 Municipal Drive, Kennedale, Texas 76060 PUBLIC HEARING VIII. -f SIGN -IN FORM - PAZ Case 08 -01 SUBJECT: To receive citizens' comments regarding Ordinance No. 393, P &Z Case 08 -01, a request for a zone change of 23.84 acres consisting of Lot 3A, A. C. Bolen Addition; Abstract, 1376, Tracts 13A06, and 13A09, David Strickland Survey; Block 2, Lots IA thru 4A, 5A2, and 1B1 thru 5B1, Swiney Estates in the City of Kennedale, Tarrant.County, Texas. The current zoning is "AG" (Agricultural) and "R -1" (Single Family Residential). The proposed zoning is "PD" (Planned Development). Requested by Monty Carpenter on behalf of Volunteers of America. 1. NAME: ADDRESS: ka, clo- _ ZIP 76Qb o PHONE NUMBER: 2 / i t 92 7 — 3/ S Z 2. I HEREBY )NWISH TO ADDRESS COUNCIL. ❑ DO NOT WISH TO ADDRESS COUNCIL, BUT I WOULD LIKE TO REGISTER THE FOLLOWING OPINION. 3. I AM REGISTERING ❑ FOR AGAINST ORDINANCE NO. 393 4. IN REGISTERING, I REPRESENT:)K-MYSELF ❑ THE FOLLOWING PERSONS, FIRMS, CORPORATIONS, CLASSES OR GROUPS: 5. THEIR BUSINESS ADDRESS IS: SIGNATURES ,,'`. DATE: April 10, 2008 i ,U NNEDALE 405 Municipal Drive, Kennedale, Texas 76060 PUBLIC HEARING VIII. -f SIGN -IN FORM . PAZ Case 08 -01 SUBJECT: To receive citizens' comments regarding Ordinance No. 393, P &Z Case 08 -01, a request for a zone change of 23.84 acres consisting of Lot 3A, A. C. Bolen Addition; Abstract, 1376, Tracts 13A06, and 13A09, David Strickland Survey; Block 2, Lots IA thru 4A, 5A2, and 1B1 thru 5B1, Swiney Estates in the City of Kennedale, Tarrant County, Texas. The current zoning is "AG" (Agricultural) and "R -1" (Single Family Residential). The proposed zoning is "PD" (Planned Development). Requested by Monty Carpenter on behalf of Volunteers of America. 1. NAME: ADDRESS: (� Pe n ��, ✓�,�,.w - zip PHONE NUMBER I I `f l 2. I HEREBY )( TO ADDRESS COUNCIL. ❑ DO NOT WISH TO ADDRESS COUNCIL, BUT I WOULD LIKE TO REGISTER THE FOLLOWING OPINION. 3. I AM REGISTERING ❑ FOR AGAINST ORDINANCE NO. 393 4. IN REGISTERING, I REPRESENT: MYSELF El THE FOLLOWING PERSONS, FIRMS, CORPORATIONS, CLASSES R GROUPS: 5. THEIR BUSINESS ADDRESS IS: SIGNATURE: DATE: April 10, 2008 KENNEDALE 405 Municipal Drive, Kennedale, Texas 76060 PUBLIC HEARING VIII. -f SIGN -IN FORM PAZ Case 08 -01 SUBJECT: To receive citizens' comments regarding Ordinance No. 393, P &Z Case 08 -01, a request for a zone change of 23.84 acres consisting of Lot 3A, A. C. Bolen Addition; Abstract, 1376, Tracts 13A06, and 13A09, David Strickland Survey; Block 2, Lots lA thru 4A, 5A2, and 1B1 thru 5B1, Swiney Estates in the City of Kennedale, Tarrant County, Texas. The current zoning is "AG" (Agricultural) and "R -1" (Single Family Residential). The proposed zoning is "PD" (Planned Development). Requested by Monty Carpenter on behalf of Volunteers of America. 1. NAME: M ADDRESS: `�l _� 64) ra AVC PHONE NUMBER: 2. I HEREBY ❑ WISH TO ADDRESS COUNCIL. DO NOT WISH TO ADDRESS COUNCIL, BUT I WOULD LIKE TO REGISTER THE FOLLOWING OPINION. 3. I AM REGISTERING ❑ FORXAGAINST ORDINANCE NO. 393 T _ , domrt vvwt - � , q siat -ram"4 Grol/vIi 4C C0011ar � 4041 0 C "CPN tv'cd - pi d i ed Of Iyq 0 jj 4. IN REGISTERING, I REPRESENT: ❑ MYSELF )(THE FOLLOWING PERSONS, FIRMS, COI�,PO RATIONS, o LG S�SES - lov. 5. THEIR BUSINESS ADDRESS IS: SIGNATURE: Ar ` " DATE: April 10, 2008 KENNEDALE 405 Municipal Drive, Kennedale, Texas 76060 PUBLIC HEARING VIII. -f SIGN -IN FORM PAZ Case 08 -01 SUBJECT: To receive citizens' comments regarding Ordinance No. 393, P &Z Case 08 -01, a request for a zone change of 23.84 acres consisting of Lot 3A, A. C. Bolen Addition; Abstract, 1376, Tracts 13A06, and 13A09, David Strickland Survey; Block 2, Lots IA thru 4A, 5A2, and 1B 1 thru 5B 1, Swiney Estates in the City of Kennedale, Tarrant County, Texas. The current zoning is "AG" (Agricultural) and "R -1" (Single Family Residential). The proposed zoning is "PD" (Planned Development). Requested by Monty Carpenter on behalf of Volunteers of America. 1. NAME: ,f ayn-t 13Urjddr+ ADDRESS l �Oy G✓- z ip '71 1/ ! �/ PHONE NUMBER: S'I7 7 2 6 S L 2. I HEREBY ❑ WISH TO ADDRESS COUNCIL. $ �„ Jsvf I ke j _ ne.e R DO NOT WISH TO ADDRESS COUNCIL, BUT I WOULD LIKE TO REGISTER THE FOLLOWING OPINION. 3. I AM REGISTERING V�OR ❑ AGAINST ORDINANCE NO. 393 4. IN REGISTERING, I REPRESENT: ['MYSELF ❑ THE FOLLOWING PERSONS, FIRMS, CORPORATIONS, CLASSES OR GROUPS: 5. THEIR BUSINESS ADDRESS IS: SIGNATURE: !�✓ ' DATE: April 10, 2008 KE/�/NEDALE 405 Municipal Drive, Kennedale, Texas 76060 PUBLIC HEARING VIII. -f SIGN -IN FORM PAZ Case 08 -01 SUBJECT: To receive citizens' comments regarding Ordinance No. 393, P &Z Case 08 -01, a request for a zone change of 23.84 acres consisting of Lot 3A, A. C. Bolen Addition; Abstract, 1376, Tracts 13A06, and 13A09, David Strickland Survey; Block 2, Lots IA thru 4A, 5A2, and 1B1 thru 5B1, Swiney Estates in the City of Kennedale, Tarrant County, Texas. The current zoning is "AG" (Agricultural) and "R -1" (Single Family Residential). The proposed zoning is "PD" (Planned Development). Requested by Monty Carpenter on behalf of Volunteers of America. 1. NAME: ADDRESS: -S 03 Cy kc r V C" 12�,, IC0)Ah� j - ZIP 7 (9 0 Co 0 PHONE NUMBER: S - 7 - 330 -3 0 6 2. I HEREBY I-WISH TO ADDRESS COUNCIL. ❑ DO NOT WISH TO ADDRESS COUNCIL, BUT I WOULD LIKE TO REGISTER THE FOLLOWING OPINION. 3. I AM REGISTERING th FOR ❑ AGAINST ORDINANCE NO. 393 4. IN REGISTERING, I REPRESENT: ® MYSELF ❑ THE FOLLOWING PERSONS, FIRMS, CORPORATIONS, CLASSES OR GROUPS: 5. THEIR BUSINESS ADDRESS IS: SIGNATURE: J vA_ DATE: April 10, 2008 405 Municipal Drive, Kennedale, Texas 76060 PUBLIC HEARING VIII. -f SIGN -IN FORM PAZ Case 08 -01 SUBJECT: To receive citizens' comments regarding Ordinance No. 393, P &Z Case 08 -01, a request for a zone change of 23.84 acres consisting of Lot 3A, A. C. Bolen Addition; Abstract, 1376, Tracts 13A06, and 13A09, David Strickland Survey; Block 2, Lots IA thru 4A, 5A2, and 1B1 thru 5B1, Swiney Estates in the City of Kennedale, Tarrant County, Texas. The current zoning is "AG" (Agricultural) and "R -1" (Single Family Residential). The proposed zoning is "PD" (Planned Development). Requested by Monty Carpenter on behalf of Volunteers of America. 1. NAME: ADDRESS: 3 U C .66 K S r F 2 — zip - - 7 6o PHONE NUMBER: 62 7 r go - 3 —D 2. I HEREBY�WISH TO ADDRESS COUNCIL. ❑ DO NOT WISH TO ADDRESS COUNCIL, BUT I WOULD LIKE TO REGISTER THE FOLLOWING OPINION. 3. I AM REGISTERINGXFOR ❑ AGAINST ORDINANCE NO. 393 4. IN REGISTERING, I REPRESENT: ❑ MYSELF ❑ THE FOLLOWING PERSONS, FIRMS, CORPORATIONS, CLASSES OR GROUPS: 5. THEIR BUSINESS ADDRESS IS: SIGNATURE: Z DATE: April 10, 2008 KENNEDALE 405 Municipal Drive, Kennedale, Texas 76060 PUBLIC HEARING VIII. -f SIGN -IN FORM PAZ Case 08 -01 SUBJECT: To receive citizens' comments regarding Ordinance No. 393, P &Z Case 08 -01, a request for a zone change of 23.84 acres consisting of Lot 3A, A. C. Bolen Addition; Abstract, 1376, Tracts 13A06, and 13A09, David Strickland Survey; Block 2, Lots IA thru 4A, 5A2, and 1B 1 thru 5B 1, Swiney Estates in the City of Kennedale, Tarrant County, Texas. The current zoning is "AG" (Agricultural) and "R -1" (Single Family Residential). The proposed zoning is "PD" (Planned Development). Requested by Monty Carpenter on behalf of Volunteers of America. [=Mlz i 13e -2 r /l� •� wl ADDRESS: - 9 7 6/ ezf _4 ziP DLO PHONE NUMBER: 2. I HEREBY ❑ WISH TO ADDRESS COUNCIL. 04)0 - NOT WISH TO ADDRESS COUNCIL, BUT I WOULD LIKE TO REGISTER THE FOLLOWING OPINION. 3. I AM REGISTERINGA FOR ❑ AGAINST ORDINANCE NO. 393 4. IN REGISTERING, I REPRESENT: ❑ MYSELF ❑ THE FOLLOWING PERSONS, FIRMS, CORPORATIONS, CLASSES OR GROUPS: 5. THEIR BUSINESS ADDRESS IS: SIGNATURE: DATE: April 10, 2008 CITY OF KENNEDALE, TEXAS OFFICE OF THE CITY SECRETARY COUNCIL MEETING MINUTE SLIP DATE: APRIL 10, 2008 REGULAR ITEMS: ITEM NUMBER: VIII. -f MOTION: 1 9 �,� COUNCIL MEMBERS MOTION SECOND AYE NAY ABSTAIN /ABSENT CLARK JOHNSON MILLER GREEN NOWELL ORDINANCE/RESOLUTION NO. 393 CARRIED CONTRACT /AGREEMENT NO. FAILED FOLLOW UP: CITY SECRETARY'S FOLLOW UP: Staff Report To the Mayor and Council Members Date: April 10, 2008 Agenda Item No: vIII . -f Subject: Zoning request by Volunteers of America Originated by: Bob Hart ( Summary: The Volunteers of America (VOA) has made application for the re- zoning of 24 acres of land located near 1 -20 and Bowman Springs. The 24 -acre site includes seven (7) acres of buildable property, and 17 acres of land that lays in either the floodway or floodplain. Access to the property is from Bolen Street, which connects, to Bowman Springs and the 1 -20 frontage road. The property is currently zoned R -1 and Agriculture. The zoning request is for a Planned Development District (PD) since the proposed usage of the property includes administrative offices and two (2) drug and alcohol rehabilitation residential buildings. VOA intends to construct an office building for its Tarrant County Administrative offices. Approximately 35 staff members will be assigned to the facility. Following a capital campaign, VOA will relocate two existing rehabilitation programs currently located on Riverside Drive and Avenue H to this site. Consequently, the rehabilitation building program buildings will not be built for three to 10 years. One of the rehabilitation programs is a residential treatment program for persons addicted to drugs and /or alcohol and includes self - referrals and referrals from probation offices. This building will house approximately 100 individuals in a co -ed facility. A second building will be built to house single women, some with pre - school age children, who are seeking help for addiction; consequently, the impact to KISD is minimal or nonexistent. This particular facility will house approximately twenty women. VOA provides a wide range of programs dealing with mental retardation, community based services, home living programs, multiple disabilities programs, affordable housing, at risk youth, protective homemaker, youth services, scholastic book grants programs, and a corrections program. CADocuments and Settingsl cbrown \mydocumentslsamplestaffreport Analysis: Only the administrative office and the two rehabilitation facilities will be located at this site and under the provisions of the proposed zoning ordinance, only these programs will be permitted. Because of the limited access to the property, it is not suitable for retail related businesses. Bolen Street has a storage facility and an office building. Thus, the property would most likely be used for an office. While the usage of the property appears to be appropriate for this particular site, Volunteers of America is a tax - exempt organization; therefore, a policy decision will need to made as to the city's willingness to subsidize services to be provided to the site. One potential offset is that the property includes land in the floodway (approximately 13 acres) and floodplain (approximately 4 acres) of Village Creek. The property may be important in the future for the development of a linear park. Should the council wish to discuss the potential dedication of the property with VOA, it should be placed in a land bank so that the city could remove it from the land bank in the future as a match for a grant program. Use of the property will require the extension of a water line from Pennsylvania Avenue. The staff has determined that the administrative building can function with the existing water service, provided a fire hydrant can be placed on the nearby Arlington water line. The water line extension will be needed prior to the opening of the rehabilitation buildings. The Planning and Zoning Commission raised the issue of the city obtaining the land in the floodway in an effort to develop Village Creek as a linear park. During the P &Z meeting however, there was not a forum for effectively addressing the issue. Following the meeting the staff met with VOA about obtaining the land as discussed. VOA desires to be a contributing member of the community and offered to donate the land to the city as part of the water line issue as opposed to the zoning deliberation. Thus, items 3 and 7 have been modified from the original P &Z recommendation. The property to the southeast is projected to be residential. It is currently used for agriculture purposes and will be impacted with the planned widening of Bowman Springs. The City is currently working with Arlington, Tarrant County, and TXDOT on straightening the curve and replacing the bridge. Arlington plans to construct a nature preserve along Bowman Springs opposite this site. Funding for the preserve is tied to a future bond election. Based on the results of the public hearing, the Commission required fencing to be provided to prevent small children from accessing Leon Swiney's cows to the south, or to the north from accessing the billboard signs. The Commission is expected to recommend to the council a proposed landscape ordinance to be applied citywide. VOA desires to make the building and area attractive since it will be visible from 1 -20, therefore VOA offered to be subject to the newly proposed landscaping ordinance. Consequently, item 8 was added with Exhibit "B" referencing the landscape standards. CADocuments and Settings\ cbrown lmydocuments\samplestaffreport Recommendation: The Planning and Zoning Commission voted 4 -3 to recommend approval of the property to a Planned Development (PD) with the following stipulations (and those added by the staff as originally raised by the commission): 1. All Development Standards in the C -1 Zoning District shall. apply; 2. The use of the property shall be limited to one administrative office building and two rehabilitation program related buildings for use by Volunteers of America. 3. The existing water line will be sufficient for the administrative office building; however, a water line meeting projected fire -flow must be constructed prior to the granting of a certificate of occupancy for one or both rehabilitation program buildings. The water line will be extended under the City of Kennedale water line extension policy with the City paying 60% of the project (water line construction, engineering design, easements, and inspection) cost and VOA paying 40 %; 3. Approved fencing shall be provided to prevent children from exiting the property to the South with a gate and to prevent children from exiting the property to the North; 5. Construction on the administrative building must be initiated within two (2) years of April 10, 2008; 6. A Site Plan must be submitted to and approved by City Staff prior to the issuance of a building permit; 7. VOA will convey approximately 13 acres (the land that lies in the FEMA designated flood way) to a land bank designated by the City for the benefit of the City; and 8. The Landscaping Standards set forth in Exhibit "B" attached hereto shall be met. City staff concurs with the P &Z recommendation and believes the additions meets the objectives addressed by the Commission. Recommended action: Approve the PD zoning ordinance as submitted. Disposition by Council: CADocuments and Settings) cbrown \mydocuments\samplestaffreport i i tl: iad Rbll1A T J.1 al � 0 vz 81 `hai�� \I azi al e� al w 60' ,zi al JY :B'L HZI al • „ r• ti r , 1 ,r• � ! 03, �• - r � n ' .93.1 �• �a.'° -•._- £e♦.l rye •rr'�•\ � f Gi� ! I! .. _ za a _ 6i \ez; 1 r /,� ♦.♦ I '�I 1 :_ ., �.-,��' '�- 1 'fez ti. / '• n f / �_- + 3: i / / 5 � / ,'. •�,. � ♦ iii i .anon oxwU rm s ^ j �' f ♦y !// 0 1 o � li•o� da ;c�aaao er - � . r _ '+€. `�' � / -r i �'{.. 1 m _ ♦�a M Izz gA ��t '� . _. _� �J.r.. . •..,� � :. �� s Y: � az�� w � 3.�• � \ i1 � �' %� .►'��'� �• +Z r• .r •4 r ? I �, � t ��..R� a �i,f t - ?-- i .♦ 3 - r7� a 1 �� ' - _ �� t � � \��`� ark 1 t � i � 'j � Iy ��Y �Y ' � ids % ,ds {'� �• � �} ♦� 1�"��1" �� . i♦yV�� Q�� ♦l� I LKS ml IX SALL All r •r 1 i•i f �, ` ', t as ,Y'•t, r� '�` �- �- ... sl Vr ou aL L7 1 >, r � Ike • _ �,r. 1 1 T ?��[ y $ /lill1 ( 1 /J O� 3IH S2J31N1 S1,WI W'i waft CITY OF KENNEDALE ORDINANCE NO. 393 AN. ORDINANCE AMENDING ORDINANCE NO. 40, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF KENNEDALE; BY CHANGING THE ZONING CLASSIFICATION OF CERTAIN PROPERTIES WITHIN THE CITY OF KENNEDALE, BEING APPROXIMATELY 23.84 ACRES ENCOMPASSING LOT 3A, A.C. BOLEN ADDITION; ABSTRACT 1376, TRACTS 13A06 : AND 13A09, DAVID STRICKLAND SURVEY; AND BLOCK 2, LOTS 1A THRU 4A, 5A2, AND 1111 THRU 5111, SWINEY ESTATES, CITY OF KENNEDALE, TARRANT COUNTY, TEXAS; PROVIDING FOR THE AMENDMENT OF THE OFFICIAL ZONING MAP TO REFLECT SUCH CHANGES; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Kennedale, Texas is a home rule city acting under its charter adopted by the electorate pursuant to Article XI Section 5, of the Texas Constitution and Chapter 9 of the Local Government; WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has adopted a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential or other purposes, for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and WHEREAS, a change in the zoning classification of the property listed below was requested by a person or entity having a proprietary interest in said property; and WHEREAS, a public hearing was duly held by the Planning and Zoning Commission of the City of Kennedale on March 20, 2008 and by the City Council of the City of Kennedale on the 10th day of April 2008, with respect to the zoning change described herein; and WHEREAS, all requirements of law dealing with notice to other property owners, publication and all procedural requirements have been complied with in accordance with Chapter 211 of the Local Government Code; and WHEREAS, the City of Kennedale, Texas does hereby deem it advisable and in the public interest to amend Ordinance No. 40, as amended, as described herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KENNEDALE, TEXAS: SECTION 1. Ordinance No. 40, as amended, is hereby amended so that the permitted uses in the hereinafter described area shall be altered, changed and amended as shown and described below: c: \citysec\ council \ord\zonechg08 - 01(04- 04 -08) Page 1 of 4 Approximately 23.84 acres, being comprised of Lot 3A, A.C. Bolen Addition; Abstract 1376, Tracts 13A06 and 13A09, David Strickland Survey; and Block 2, Lots I thru 4A, 5A2, and 1B1 thru 5B 1, Swiney Estates, City of Kennedale, Tarrant County, Texas, and more particularly described on Exhibit "A" attached hereto. The property is hereby rezoned from "AG" Agriculture and "R -1" Single Family Residential District to "PD -C -1" Planned Development District subject to the following conditions: 1. All Development Standards in the C -1 Zoning District shall apply; and 2. The use of the property shall be limited to one administrative office building and two rehabilitation program related buildings for use by Volunteers of America; and 3. The existing water line will be sufficient for the administrative office building; however, a water line meeting projected fire -flow must be constructed prior to the granting of a certificate of occupancy for one or both rehabilitation program buildings. The water line will be extended under the City of Kennedale water line extension policy with the City paying 60% of the project (water line construction, engineering design, easements, and inspection) cost and VOA paying 40 %; and 4. Approved fencing shall be provided to prevent children from exiting the property to the South with a gate and to prevent children from exiting the property to the North;. and 5. Construction on the administrative building must be initiated within two (2) years of April 10, 2008; and 6. A Site Plan must be submitted to and approved by City Staff prior to the issuance of a building permit; and 7. VOA will convey approximately 13 acres (the land that lies in the FEMA designated flood way) to a land bank designated by the City for the benefit of the City; and 8. The Landscaping Standards set forth in Exhibit `B" attached hereto shall be met. SECTION 2. The zoning districts and boundaries as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals, and general welfare of the community. They have been designed to lessen congestion in the streets, to secure safety from fire, panic, flood and other dangers, to provide adequate light and air, to prevent overcrowding of land, to avoid undue concentration of population, to facilitate the adequate provisions of transportation, water, sewerage, parks and other public requirements. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses allowed and with a view of conserving the value of the buildings and encouraging the most appropriate use of land — throughout the community. c. \citysec \council \ord\zonechg08 - 01(04- 04 -08) Page 2 of 4 SECTION 3. The City Secretary is hereby directed to amend the official zoning map to reflect the changes in classifications approved herein. SECTION 4. The use of the property hereinabove described shall be subjec to all the applicable regulations contained in the Comprehensive Zoning Ordinance and all other applicable and pertinent ordinances of the City of Kennedale, Texas. SECTION 5. This Ordinance shall be cumulative of Ordinance No. 40, as amended, and all other Ordinances of the City of Kennedale affecting zoning and land use, and shall not repeal any of the provisions of such ordinances except in those instances where provisions of such ordinances are in direct conflict with the provisions of this ordinance. SECTION 6. All rights or remedies of the City of Kennedale, Texas are expressly saved as to any and all violations of Ordinance No. 40 or of any amendments thereto that have accrued at the time of the effective date of this Ordinance and as to such accrued violations and all pending litigation, both civil and criminal, same shall not be affected by this Ordinance but may be prosecuted until final disposition by the Courts. SECTION 7. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs, and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 8. This ordinance shall be in full force and effect from and after its passage and it is so ordained. c: \citysec \council \ord \zonechg08 - 01(04- 04 -08) Page 3 of 4 PASSED AND APPROVED this 10" day of April 2008 ATTEST: Kathy Turner, City Secretary APPROVED AS TO FORM AND LEGALITY: Wayne K. Olson, City Attorney Mayor, Bryan Lankhorst c: \citysec \council \ord \zonechg08 - 01(04- 04 -08) Page 4 of 4 Exhibit "A" (Insert Application w/legal description) (04- 04 -08) Page 5 PETITION FOR CHANGE OF ZONING CLASSIFICATION ZONING CASE #--�) DATE: City Council City of Kennedale Kennedale, Texas 76060 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL: You are hereby respectfully requested to approve the fallowing request for a change of zoning classification. To change the zoning classification of the property described on Exhibit "A" attached, from it's current zoning classification of "AGRa n (Asciedixtrd / It" ) to that of n 1v ( Planned Development ) in it's entirety as shown on Exhibit "B" attached. The property totals s ome Twenty Four acres. Legal Description is see Exhib c Present use of the property is ve Residen" I Farm l and Address of the property is Ge a E xhibit C Property Owner Name: Jerry McChn etal. Charlm McClure and Hoit ruffane Clark Address: sea E01bit a See Exhibit C Telephone Number: sue, E C T _ -- Applicant's Name- Vohndeers of America Texas (Monty Carp entfr) Address: 14 S empW s treet -- Fort Worth. 7.xas 78104 Telephone Number. 8 5ma - In _ THIS IS TO CERTIFY THAT dorry MQQure otal, t.'huries ea eaure aml tkrit Ewcem taar - IS THE SOLE OWNER(S) OF THE PROPERTY DESCRIBED IN EXHIBIT "A' AND DEPICTED IN EXHIBIT "Bn. ON THE DATE OF THIS APPLICATION. O ner Signature Jerry McClave otai It //y1 � / fl l/ //1 1 p ` t d -14 �/ ac Owner Signature Charles McClure — Owner Signature Hoit Eugene Clark Vj Feb 06 08 07: S7a Rader Commercial 817-337-8681 Letter ®f Authorization The undersigned being the current owners of properties with legal descriptions of AC Bolen Addition, Block Lot 3A, 7.25 acres, David Strickland Survey, A1376, 'tracts 13A06 & 13AO9,14.21 acres and Swiney Estates, Block 2, Lots 1A thru AA, 5A2, Lots 161 thru 581, 2.38 acres (properties). Whereas the owners has entered into a contract for the sale of the properties to Volunteers of America Texas Development Corporation, Inc. (Buyer). The Contract Is conditional on the approval of zoning and Preliminary Plat from the City of Kennedale. The application for the Zoning and Preliminary Plat both require written authorization from the owners to proceed. Therefore for the purpose of acquiring the needed authorizations and permits as a condition of the contract the Owners hereby grant authorization for the Buyer to submit such forms and documents as necessary in the fulfillment of such applications and permits. Agreed and Accepted By: / p Signature !L1 L ( l/ Signature I Jer McCI re, etal 4- )(ee Charles McClure Date 2 - 6 D�2 Dat v J Notary: County of State of C ad' Jerry McClure and Charles McClure personally appeared known as Signature NOT KIM PRINCE P UBLIC STATE O F C OLO R ADO S Hoit Eugene Clark Date AMY TODD 14 .g Notary Public Notary; d STATE OF TEXAS County of % it � My Comm. Exp. 04 -17 -2008 State of Holt Eugene Clark personally appeared known as —B "Exhibit C" Property #1 AC Bolen Addition, Block Lot 3A, 7.25 acres Owner: Jerry McClure etal 12443 W. Green Mountain Circle Lakewood, CO. 80228 303 - 763 -8321 Phone /Fax Property #2 David Strickland Survey, A1376, Tract 13A06, 9.00 acres Owner: Charles H McClure 12443 W. Green Mountain Circle Lakewood, CO. 80228 Property #3 Davis Strickland Survey, A1376, Tract 13A09, 5.21 acres Owner: Hoit Eugene Clark 1453 Joyce Rd. Kaufman, TX. 75142 Property #4 Swiney Estates, Block 2, Lots 1A thru 4A & 5A2, 1.38 acres Owner: Holt Eugene Clark 1453 Joyce Rd. Kaufman, TX. 75142 Property #5 Swiney Estates, Block 2, Lots 1 B1 thru 581, 1.00acres Owner: Hoit Eugene Clark 1453 Joyce Rd. Kaufman, TX. 75142 (Please reference ownership and property numbers with next map) 13 map 5< M gr z Property #1 � Jerry McClure t `? `�: v e e 0 7.25 Acres j f Property #2 Charles H. McClure 9.00 Acres Property #3 Hoit Eugene Clark 5.21 Acres Properties #4 1 #5 Hoit Eugele Clark 13 .38 Ac. i 1.00 Ac. fi 24 2A TR ",F-r 11 V Le AC on it. --2 ,4, 7 .1k 0 IT, 3AA —A fig t8t t3 2 1.0 An Ic PT TR I3m F1 11f JIL 1 2A AC 7!7 51L 0r To UMI 13AS is TP IT inLff XG 91 AC za 31 2-1Z AF 2121 TFI !2k!r 5�2 WA 9 I AC r PT 20 OU EFT 7( 'R 31 TR 3jxI e5 Z 3.3 AC —L"— ■ � " � 1 � • '� f � a LF�,�'it f`°l S``G " `pa 'F�' 11�yy y-u a T his 5 - c - ate ment is to ttikwfiV the present avinership and prgposcd ovenetshtp of 24.86 toff aeyes Present Ownership Jerry M etal Charles hicdure Holt Eugene Uadk Halt Eugene Clark 7.25 acres 9.00 acres 5,21 act••ps ".38 acm 1XV acres Ai Bolen A dditi on, Bloc Lot 3 - Da-Vi d Str'ickiand Sunrr y, AT-376, Trect 13AO6 Dav1d !�,'rlc tlarTd Survej, A3.37 S, Traci- Sirsiney Estates, No& 2., Lots 1A ihru 4fit, SA2 Svc Iney Estates, Block 2, lots 101 thru 5131 Proposed Ownership of All Properties. Volunt of America, Te;t Development Cofporatlon, Inc. 24.96 aCreS Zoning Classifications Present Zoning: "AG" Agricultural and "R1" Residential Proposed Zoning: "PD" Planned Development (Office and Social Program Oldgs) All Flood area will be open space Total Gross Acreage: Total Development Acreage: Total Flood Area: Gross Acreage to "PD ": Acreage Information 24.860 acres Approx: 7 acres Approx. 17.86 acres 100% nrw ' F7 TWYP / \ �=m� 20 Ellu Exhibit "B" Landscaping Standards (04- 04 -08) Page 1 LANDSCAPE STANDARDS (1) Landscaping requirements. Landscaping shall be required on the property in accordance with the terms and provisions set forth below. (2) Implementation and application of landscape requirements. a. The following shall be required prior to the issuance of a certificate of occupancy for any structure on the property: 1. A scaled landscape plan shall be submitted to the building official. The plan shall comply with the provisions of these standards and shall indicate all landscaping features to meet the minimum turf and /or screening requirements. If there are no landscaping requirements to be fulfilled other than the requirement for turf, the landscape plan shall be waived. 2. All required landscaping shall be in place prior to the issuance of a certificate of occupancy unless the building official determines that weather or seasonal conditions warrant delay, in which case a reasonable time for the delay will be allowed. b. Existing concrete drive areas are not required to comply with the landscaping requirements until all or part of the concrete is replaced. (3) Landscaping requirements. All landscaping required or permitted by these standards shall comply with the following provisions: a. Required Landscape Area - Ten percent (10 %) of the total land area in any proposed development shall be landscaped. For every 500 square feet of required landscape area, or fraction thereof, one Street tree from Table B below of three inch caliper or larger is required. Landscaping shall be located on the site such that at least fifty percent (50 %) of the total required landscape area and landscape vegetation shall be located between the front property line and the building(s) being constructed. . The remaining required landscaping may be located throughout the site. b. Street trees and parking lot trees are in addition to the total landscape requirements. Trees may NOT be planted beneath utility lines. C. Up to 50% of the required number of trees may be replaced by five gallon shrubs at the rate of one tree equals 10 shrubs. Existing trees of three inch caliper or greater (measured at a height of one (1) foot above the ground) may be substituted for required landscaping trees, on a one tree for one tree basis. There shall be no adjustment for existing trees having a caliper of more than three inches. d. In addition to the landscape requirement set forth above, there shall be provided along all street frontages Street trees as listed in Table B below, planted at the rate of one (1) tree for every 50 linear feet or fraction thereof, of street frontage as measured at the property line. Street trees shall be planted a minimum of 25 linear feet apart and a maximum of 50 linear feet apart. Comer and Double- Frontage lots (04- 04 -08) Page 2 shall provide for street trees along all street frontages in the same manner as set forth herein. e. A minimum landscape setback of ten (10) feet from the nearest right -of -way line shall be required. However, this landscape setback may be reduced to seven (7) feet, six (6) inches if: 1. Either a row of large screening shrubs (at least five - gallon containers) with a required maximum spacing of four (4) feet on center, or small screening shrubs (at least one - gallon containers) with a required maximum spacing of two (2) feet on center is planted within the landscape setback; or 2. . A three -foot. high masonry unit wall is built along the landscape setback to screen the parking facilities. This wall shall be measured vertically from the finished grade of the parking surface nearest to the wall. f. No parking facility shall be permitted within any landscape setback except as provided below: 1. Where a deceleration /acceleration lane and transition area are dedicated, a parking facility may encroach into the required landscape setback area abutting such land and transition area, provided that no parking facility shall be located within five (5) feet of the nearest right -of -way line. 2. Nothing herein provided shall be construed as permitting any obstruction to view which may constitute a traffic hazard upon any public street. It shall be unlawful for any person, owner, or business to erect or place or cause to be erected or placed on any property under his possession or control any hedge, plant, tree, shrub, or other growth or any fence, wall, or other structure in such a manner or at such location as to constitute an obstruction to view creating a traffic hazard. On corners, when doubts may exist regarding site obstructions, approval of the city engineer will be required. All landscaping shall comply with these visibility requirements. g. No landscape setback shall be covered with any impervious surface, permeable pavers, gravel, or other paving materials except for those limited areas to be used for driveways or accessways for ingress and egress to the property. h. At a minimum, turf shall be placed and maintained in all landscape setback areas unless otherwise specified in these standards. i. The property owner shall regularly mow, irrigate, fertilize, prune, replace, and care for all planting located in the landscape setback areas. The property owner shall also ensure that landscaping is maintained in a healthy growing condition. (4) Information regarding landscape plants. a. Ground covers. The following list of ground covers and any other ground covers which are demonstrated to be drought resistant and provide a dense covering are recommended in all landscape setbacks. (04- 04 -08) Page 3 TABLE INSET: Common Name Botanical Name Creeping Liriope Liriope Spicata Euonymous Euonymous Fortunie Kewenis Purple Leaf Honeysuckle Lonicera Japonica Halliana Asian Jasmine Trachelosspermurn Asiaticum Chinese Juniper Juniperus Chinesis Sargentii Shore Juniper Juniperus Conferta amarix Juniper Juniperus Sabina Santolina Santolina Chamaecyparisus Pecan Carya ,Santolina Virens Inca Vinca Major Mondograss Ophiopogon Japonicus b. Street trees. The street trees named below and any other street tree which, when mature will attain a minimum height of twenty (20) feet and a six -inch caliper, which can be demonstrated to be drought resistant and possess compact root systems posing minimum danger to. the integrity of public utilities are recommended in all landscape setbacks. TABLE B Common Name Botanical Name humard Red Oak Quercus Shumardii Texas Red Oak Quercus Exana Live Oak Quercus Virginian Bur Oak Quercus Macrocarpa Cedar Elm Ulmus Crassifolia Bald Cypress Taxodium Distichum Pond Cypress Taxodium Distichum (var. Nutans) Pecan Carya Illinoionenses Pistachio Pistachio Chinensis Lacebark Elm Ulmus Paryifolia C. Flowering and ornamental trees. The following list of flowers and ornamental trees and any other flowering or ornamental trees which are demonstrated to be drought resistant and possess compact root systems posing minimum danger to the integrity of public utilities are recommended in all landscape setbacks. TABLE C (04- 04 -08) Page 4 Common Name Botanical Name Crepe Myrtle Lacterstroemia Indica Bradford Pear Pyrus Calleryana Bradford Mexican Plum Prunus Mexicana Deciduous Holly Ilex Dedicua Redbud - Oklahoma Cercis Canadensis Oklahoma J apanese Black Pine Pinus Thunbergiana Austrian Pine Pinus Nigra Desert Willow Chilopsis Linearis W hite Saucer Magnolia Magnolia Heptapeta fgan Pine Pinus Eldarica d. Tree. A tree is a woody single or multiple trunk stem which, at maturity, will obtain a minimum four -inch caliper. e. Tree caliper. The tree caliper of any tree shall be determined by measuring the trunk caliper (diameter) twelve (12) inches from existing grade. (5) Parking Lot Location and Screening Requirements. In addition to all other landscape requirements provided by these standards, all parking lots and areas shall be designed and landscaped in accordance with the following provisions: a. All parking or drive areas shall be located a minimum of twenty - five (25) feet from right of way lines along public streets. The area inside the twenty -five (25) foot parking setback shall be credited towards the landscaping requirement. b. All parking located within 50' of the front property line or 60' from the edge of street pavement, whichever is less, shall be screened from public rights -of- way using a solid screen in the landscape strip. The screen shall be at least thirty six (36) inches in height, located within 5' of the edge of the parking surface and be achieved through one of the following methods: 1. A berm; 2. A planting screen (hedge); 3. A wall, using masonry materials similar to those used in the main building fagade; or 4. A combination of the above. (6) Internal Parking Lot Landscaping Standards. Landscaped areas in a parking lot shall be provided in accordance with the following requirements. a. One tree shall be provided for each 20 parking spaces in all non- residential developments, however, no car parking space shall be located greater than 100 feet from the center of a tree. Trees shall be a minimum of three inch caliper measured one foot from the ground and planted within a planting island with a minimum (04- 04 -08) Page 5 dimension of five feet in width. The tree- planting island must be further planted with a ground cover, grass, or shrubs and may be counted toward the total required square footage of required landscaping. b. Parking areas shall be screened along all streets by a minimum three foot high solid shrub hedges (when mature), berm, fence, or combination of these. The height shall be measured from the finished grade of the parking lot. (7) Vehicle Protection. All required landscape areas, planters, walls, and /or fences adjacent to vehicle use areas shall be protected by wheel stops, curbs, or other physical barriers. In no instance shall a parking area be designed so as to permit the encroachment or overhang of a vehicle beyond the required setback line set out in subsection 5 above. Vehicle Protection WALL SNP 1 � �•4 i 1 SIDEWALK 3' 1 _4!117i CURB, DECORATI VIE PLANT STRIP PYLONS or POLES <NOTE: The following issues are not addressed by these standards: • Preparation of Landscape plans by a Registered Professional • Tree Credits / Preservation • Irrigation & Maintenance> (04- 04 -08) Page 6 Volunteers of Americary Texas Tarrant County Programs and Services Serving people in need Strengthening families Building communities. Volunteers of America began its work in Texas in 1912 opening a mission post in Houston and then in For` Worth in 1917. Developmental Services Intermediate Care Facility Mental Retardation (ICF -MR) Group Homes have provided continuous residential services for individuals with developmental disabilities since 1986. These homes are inspected and licensed by the Texas Department of Aging and Disability Services. These services help ensure that individuals with more severe disabilities are provided quality care in a community setting. Serving 66 individuals, each person receives habilitative supports designed to increase their independence in daily living skills, community awareness, and interpersonal skills. We currently have 11 group homes in the Dallas /Fort Worth area. • Volunteers of America Texas' Home and Community Based Services (HCS) program enables individuals with mental retardation to live outside of institutions in three -bed and four -bed group homes, their own homes or with family members. Residents in the group homes live independently with the assistance of staff. Services provided in the community include respite care to provide a break for caregivers. This program operates in the Dallas /Fort Worth area,. Houston, and Austin areas. The Texas Home Living (TxHmL) Program provides community -based services and supports persons with a primary diagnosis of mental retardation. TxHmL provides support services to persons on the waiting list for HCS services. They live in their own homes or with family members. This program is available to supplement rather than replace the individuals' natural supports and to help prevent the individual from being admitted to institutional services. Volunteers of America Texas is eligible to serve TxHmL clients in Dallas/Fort Worth, Austin and Houston. • The Deaf -Blind with Multiple Disabilities Program (DBMD) offers individuals residential alternatives that maximize independence, communication and interaction with the community. The DBMD Program provides care to individuals who are both legally deaf and legally blind, in addition to having mental retardation or a related cognitive impairment. We currently provide these services in the community and within residential group homes in Austin, Houston and the Dallas /Fort Worth area. Family Preservation & Drug Prevention Programs for At Risk Youth & Families • DFW Prevention and Youth Services The CAN -DO Program (Community and Neighborhood Drug Offensive) provides drug prevention for inner city and at -risk youth in Dallas / Fort Worth & Houston elementary schools and community sites. The program uses educational support groups to increase self esteem, teach positive decision making and coping skills, and reduce the likelihood of substance use. In addition, the Strengthening Families Program in Dallas /Fort Worth & Houston provides support to both parents and children to help them improve communication skills and bonding so that family functioning is optimized and parents are better able to protect their children from alcohol and drug use. The Hispanic Awareness, and Prevention Project for Youth (HAPPY /SFP) project in Dallas / Fort Worth delivers substance abuse prevention programming through best practice curricula to Hispanic families living in the Near Northside and to minority families in the Southside area of Fort Worth. The Houston CAN -DO Summer Camp provides safe, constructive activities for youth during the summer months in addition to providing them with drug prevention education. The VOA Baseball Action Team, in partnership with the Major League Baseball Player's Trust and VOA National, promotes community involvement and leadership potential among high school students through interaction with major league baseball players and VOA service programs. Family Preservation Programs Serving Families and Protecting Children • Protective Homemaker Services Program serves a 14 county region in North Texas serving families in crisis. Its provides Nurturing Parenting educational instruction and homemaker skills in the home to prevent further abuse and /or neglect of children, while keeping the family unit together. The Department of Family and Protective Services refers families to our programs. The program has provided services to both English and Spanish- speaking families since 1988. Youth Services include programs to provide clothing and school supplies for homeless /indigent children. Operation Jump Start provides school supplies and clothing to children in need. The Annual Holiday Food Program is provided during Thanksgiving and Christmas for families in need and residents in our transitional housing programs. Christmas gifts and toys are provided through The VOA Santa Program supported exclusively by the employees of VOA Texas. The Lullaby Room provides clothing, diapers, baby items and donated furniture to families in need with newborns and /or toddlers. The Scholastic Book Grants Program distributes over 15,000 books and /or educational toys to children and youth throughout Texas annually, including homeless children in area shelters, children hospitals, and children whose parents are incarcerated or in treatment. This program has been made possible since 1999 through our National office and their alliance with Scholastic Books, Inc., the global children's book publisher. Youth Leadership Development Program The Major League Baseball Player's Trust and Volunteers of America have worked in partnership since 2002 to benefit people in need and encourage others to get involved to help children, at -risk youth and families. The partnership has resulted in a youth volunteer initiative in which players lead local Action Teams whose mission is to inspire high school students to become volunteers in their communities. Through the Trust the players provide funding and make public appearances to raise awareness about Volunteers of America's services. VOA Texas is the only affiliate to be aligned with two major league baseball teams- The Texas Rangers and the Houston Astros. Students from the Dallas / Fort Worth Metroplex and Houston are actively involved in numerous community service projects through the Baseball Players Trust & Action Teams. Housing Programs & Services Affordable housing is an area Volunteers of America has continued to address and is the nations' largest, non - profit provider of low income housing for the elderly and disabled. VOA Texas in partnership with our National organization operates housing facilities across Texas. VOA Texas manages 13 properties with 243 units of affordable housing in Tarrant County. Mike King Volunteers of America President / CEO Texas Statement on Planned Objectives and Economic Impact Bolen Road Campus Overview: The plan proposed by Volunteers of America Texas, Inc., a faith -based non -profit social services agency, includes creating a Tarrant County campus for its offices and certain programs on the usable portion of the 24 acre tract at Bolen Road and Interstate 20. This campus will be the base for up to 200 people, including staff and those served in agency programs. Phase I: The plan includes construction of an office building of about 5,500 square feet, which will be the main Tarrant County office location for about 35 office personnel, including counselors, nurses, administrative support staff and program directors. These staff support and direct programs located throughout the Fort Worth / Dallas area, and programs across the state. These 35 staff members will commute to and from the campus and work at the campus, creating customer flow for the City of Kennedale in the areas of dining, retail shopping and fuel purchases. Also, this office will serve as a primary site for training and state -wide meetings, creating customer flow for meeting needs such as hotel space, catering, and related purchases. Phase II: Phase 1I includes the construction of two buildings where two different residential treatment programs will be operated with the support of approximately 40 staff members. The LIGHT building will be approximately 9,800 square feet and will provide living and counseling space for up to 30 women and their children. The Riverside building will be approximately 14,000 square feet and will provide living and counseling space for up to 90 men and women. The 40 staff members added in Phase II will commute to and from the campus and work at the campus, creating additional customer flow for the City of Kennedale in the areas of dining, retail shopping and fuel purchases. In addition, approximately five agency vehicles will be based on this campus, creating the need for local vehicle fuel purchases, repairs and maintenance. The Phase II buildings will provide living and counseling space for up to 130 men, women and children. Some of the food and supplies for these people can be purchased locally. Also, many of the 90 people in the Riverside building program will be available as employees for the City of Kennedale employers, as a part of their treatment program includes finding suitable employment. All of the buildings described above will be constructed on approximately 5 - 7 acres of the usable land at the northeast corner of the 24 acre property site. The remainder of the property, which is mostly flood plain and flood way, will remain open space. Monty A. arp me Vice President Committed to serving people in need, strengthening families, and building communities 1424 Hemphill, Fort Worth, Texas 76104 or Tel: 817.529.7300 • Toll Free: 866.862.2472 s Fax: 817.529.0500 ww}v�lx.org C-1 ea 0 m E ru E 4- 0 MA tia m .W-- MAL Site Utilization Phase II Riverside Building Conventional materials of stone, cmu, glass with steel structure Approx. Building Square Footage v 14,315sf 7D U1 _C f!1 41 �J L u o f— v a� a+ C 0 i Q 1 � U � O � If) $ � a C bj 2=:l Site Utilization Phase II light Building Conventional materials of stone, cmu, glass with steel structure • Approx. Building Square Footage ® 9,814sf -UM m -• ul W f E i 1 �Y • _• f I 1� S t� u I m 9 � y 61a I 'O .G 4 � f s f i i i NF SS 'S� S z e g5 3 S 3 P S� valu. 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CARRIED ,Z�� CONTRACT /AGREEMENT NO. FAILED FOLLOW UP: CITY SECRETARY'S FOLLOW UP: ,S'taff Report To the Members of the City Council Date: March 31, 2008 Agenda Item No: VIII. -g Subject: Replat of Falcon Wood Estates Block .Z;. Lots 15 & 16 Originated by: Larry Hoover, Community Development Specialist Summary: John and Margaret Watt have applied for a replat of Lots 15 and 16, Block 7 of the Falcon Wood Estates Addition. The lots are currently zoned R -1. The applicants wish to combine the two lots to allow for better use of the property. The replat meets the requirements of the City of Kennedale code of Ordinances. On the March 20 Planning and Zoning Meeting the Commission approved the replat with a seven (7) to zero (0) vote. Recommendation: Staff recommends approval Disposition by Commission: Notice Details - Legal Notice Notice of Public Hearing T Pagel of 2 Legal Notice Notice of Public Hearing The Kennedale Planning and Zoning Commission will hold a public hearing on Thursday, March 20, 2008 at 7:00 pm in the City Council Chambers, located in the City Hall at 405 Municipal Drive, Kennedale, Texas 76060. The Kennedale City Council will conduct a second Public Hearing on these matters on Thursday, April 10, 2008 at 7:00 PM in the City Council Chambers. The Planning and Zoning Commission is a recommending body only. The City Council is authorized to approve or deny the request. A copy of the applications are available at City Hall or any other information may be acquired by calling (817) 478 -5418 x108. 1)Case #PZ 08 -01 to receive citizen "s comment "s regarding a request for a zone change of 23.87 acres with the legal description being Block Lot 3A of the AC Bolen Addition, A1376, Tract 13A06, David Strickland Survey, A1376, Tract 13A09, David Strickland Survey, Block 2 Lots IA thru 4A, 5A2 of the Swiney Estates, and Block 2 Lots 1 B 1 thru 5B 1 of the Swiney Estates in the City of Kennedale, Tarrant County, Texas. The current zoning is "AG" (Agricultural) and "R- 1" (Single Family Residential). The proposed zoning is "PD" (Planned Development) as requested by Monty Carpenter on behalf of Volunteers of America. 2) Case #PZ 08 -02 to receive citizen "s comments regarding a preliminary plat of 23.84 acres with the legal description being Block Lot 3A of the AC Bolen Addition, A1376, Tract 13A09. David Strickland Survey, Block 2 Lots IA thru 4A, 5A2 of the Swiney Estates, and Block 2 lots 1B1 thru 5B1 of the Swiney Estates in the City of http: / /www.legalnotice.org /pl/ Templates/ PrivateLabel// popup /PrinterFriendly.aspx ?ID =26... 3/13/2008 Notice Details - Kennedale, Tarrant County, Texas. This request is by Monty Carpenter on behalf of Volunteers of America. 3) Case #PZ 08 -03 to receive citizen "s comments regarding a request for re -plat of two lots into one with the legal descriptions of the two lots being Phase One, Lot 16, Block 7 and Phase Two, Lot 15, Block 7 of the Falcon Wood Estates Addition in the City of Kennedale, Tarrant County, Texas. These lots are addressed as 1159 and 1161 Falcon View Drive. The proposed lot will be 1.042 acres in size with the legal description of Lot 15R, Block 7 and addressed as 1161 Falcon View Drive as requested by John E. and Margaret C. Watt. All interested persons will be allowed to appear and speak at the Public Hearings or may furnish written comments prior to the meeting to the City of Kennedale, 405 Municipal Drive, Kennedale, TX 76060. 29479327. Page 2 of 2 qq http: / /www.legalnotice.org /pl /Temp lates/ PrivateLabei / /popup/PrinterFriendly. aspx ?ID =26... 3/13/2008 200 Foot Recipients for P &Z Case # 08 -03 Ricardo Etal Trevino 600 Reeves Lane Kennedale, TX 76060 -2624 Silver Nail Custom Homes Inc 751 Highway 287 N,Ste 103 Mansfield, TX 76063 -6604 Everett Martin Head 1209 Swiney Hiett Road Kennedale, TX 76060 -6411 Falcon Wood Estates Inc 4381 W Green Oaks Blvd Ste 102 Arlington, TX 76016 -4468 John Etux & Margaret Watt 1161 Falcon View Drive Kennedale, TX 76060 -6463 Skip Butler Builders Inc 1427 Danbury Drive Mansfield, TX 76063 -3847 R J Aldriedge Companies Inc PO Box 202494 Arlington, TX 76006 -8494 Heatherdale Custom Homes Inc PO Box 173654 Arlington, TX 76003 -3654 50 4 I� 5.01 Ac j 31 5A kc 2.65 Ac 2A 5 Ac 5BR1 5BR2 i 1 , 4.13 Ac 1 Ac 1.501 Ac 5.04 2B 1.03 Ac 6 4.23 Ac t .c I -- 12 13 14 15 16 Z 1 2 3 4 TR1E I �I 1?AI .835 AC r ---_ --- - -- 1 � W 6 A - - -- • - - -- - - - -- Fal n View Dr - -- -° — 11 B `---- - - - --- - - - - - -- r-- - - ---- - -- --m— TR.1 B 3.558 AC ° ; 1 10 1 10 //° 10 A Now ! 1 %y g 1 I V 3 8 1'� �,. 3 ► �'' I j '1 3 3 8 I A j I 8 5 8 ► �I 4 7 of 14 7 I � 4 7 10 1 � I �5 6 1 ; 6 j j 6 6 51 City of Kennedale Re-Plat Application 1� ��% Z� ��g A— APPLICANT NAME: CIL Q aye C DATE: SUB-DIVISION NAME: I_I lt� A- - 15 k - 7 ACRE A �w LEGAL DESCRIPTION: yLt se !�d, I_A 0 S: CURRENT ZONING: to PROPOSED ZONING: W 0 PHASES: I i-1 R E IN 0 ' P k ANT t A 8 C 1 - 1) AMI 'A OWNER OF RECORD: SURVEYO1 ADDRESS: CITY: fv ENGIN ADDRE CITY CITY: PHONOMMMUM ME r 0 STATE: ` 13 �- m- WUM �s ZIP: STATE: PHONE: ZIP: W cuuil V /0 APPLICANT SIGNATURE: DATE: OWNER SIGNATURE: DATE: SURVEYOR SIGNATURE: DATE: ENGINEER SIGNATURE: DATE: DEVELOPER SIGNATURE: DATE: .............. 52 1 ruidi r1dL t—ollt: '`— If the following h;on the Final Plat, please put an"X^ ifbio not a — in N/A. GENERAL INFORMATION Accepta bleocale: 1"= 50' 1"= 100� or 1"=200'. iy North Arrow, graph!4* Vicinity Map at o �jift-! e, Preparation lgg Limits boundariMA(where. yor's cf. y ^ � \ ADJACENT PROPERTY (40'".0 / / A---_—.° Adjacer Existing �� _��_cxisonQ N� P�[)P�GED�� . Su atted property with le ad existing str6q! city) ecutive order or noted rnaoemcieanymoeieo Flood Plain Features shown FINAL ENGINEERING PLANS � Final Water & Sewer Layout ` . Conceptual Drainage Plan V� Agreement (if Applicable) , I n with owW,@-'� f record, volume & page deed TIR COOMBS LAND SURVEYING, INC. ®- P.O. Box 11370 Fort Worth, Texas 76110 4374 W. Vickery Blvd. Fort Worth, Texas 76107 (817) 731 -6400 Fax (817) 731 -6402 e -mail: ron.coombs@gbcglobal.net LETTER (01F TG3MON 0 7AL � F I R ,i r w 1 Attn: V 4" *'S cOw WE ARE SENDING: D ATE: O rt fiO4 RE: � I, �s ��Ck_ COPIES DATE DESCRIPTION 4 ' FLA t O c.iv' 7 e 1c.1f,0, IF ENCLOSURES ARE NOT AS NOTED, PLEASE NOTIFY US AT ONCE. FOR YOUR USE VIA: ❑ U.S. MAIL FOR APPROVAL ❑ COURIER ❑ AS REQUESTED ❑ OVERNIGHT DELIVERY *9 FOR REVIEW AND COMMENT ❑ HAND DELIVERY REMARKS:. I COPY TO: FROM: PREPARED 5q March 4, 2008 Coombs Land Surveying, Inc. Ronald Coombs 4374 W. Vickery Boulevard Fort Worth, Texas 76107 Mr. Coombs, The City Staff has reviewed the Falcon Wood Replat that you submitted on February 21, 2008, and offer the following comments to meet the requirements of the City Codes before staff can forward the replat to the Planning and Zoning Commission; 1. The Street name to the north of the Subdivision is Swiney Hiett Rd. 2. Section 17 -299 (4) Easements; Please show the location and dimensions of all existing and proposed easements. 3. Section 17 -299 (6) provide for a 1 and 1 /2 inch binding margin on the left side of sheet on an 18 X or 24 X 36 inch sheet drawing. 4. Section 17 -299 (17) The Vicinity location map should be at a scale of 1" = 2000' (one inch equals two thousand feet). 5. Sections 17 -301 (1) please include a Metes and Bounds description on plat drawing. 6. Section 17 -301 (3) lot area for each lot to be expressed in square feet. 7. Section 17 -301 (7) Planning and Zoning Certificate of approval; shall be no less than two (2) inches high and four and one half (4 1/2) inches wide. 8. Section 17 -301 (10) City Council block shall not be less than two (2) inches high and four (4) inches wide. 9. I have included a copy of the original plat for the subdivision which shows a discrepancy in the R -O -W on Swiney Hiett. Please clarify the fifty five (55) feet. Feel free to contact me should you have any questions regarding this matter at 817- 478 -5418 ext. 111. Sincerely Yours, ; Larry Hoover Community Development Specialist Cc: James Cowey, Building Official m I RAW. (OWW R _ NO. 2140) MOM J� 43.30 c� V. 1R5 30th TBAPOW - nnaN,►��nm I: ! 70K - LI I I 16 i SF t55.!}d 149 .. ;. . .� .. 'o 2 21,7!!0 SF z 23,595 sr 21,79Q SF 3 21,760 SF L 130.00 120.00 #i �120-04 . W F! VIEW DRIVE 5575 LOT A .25 i '�a0'S3'IY A 180.00 ,o...._ s 5 0 180 •� � �. �. e 20'1L 1 0'UE I I 1Q I 1 10 23,900 SF I I 23,265 SF 29,406 SF NJ39'50'53 11 W I a I N89'50'53N 1m IBM I �. I . 00 8 22,50D SF I I a 28.138 9i I i si 218.8 n 8 Ul i 3 A 22,959 F I I a 2, s 58 SF 27.099 206 .07 180.00 s �I Is 4 7 7 I IN 22,500 SF " I 22,500 Sr 24,977 Sf N82S ' 0 5.3' YT I S89'1%65 E �,E,. sp t An 18000 193.56 i i� 'a pialud cap is of um Rq Wr. wt t. ded ""0 m Ao"adntion. w Q Q S 23,454 SF 0 9 23,50 SF � 24,45+ SF 'k!E 20'BL �l I 20'B 1 Q / _ a — 1 so OQ 5o L ® — 180.00 — 1 / 43.30 P, 2(k5_►}® 4t.{!7 COOMSS LAND SURVEYING, INC. I ® P.O. Box 11370 Fort Worth, Texas 76110 4374 W. Vickery Blvd. Fort Worth, Texas 76107 (817) 731 -6400 Fax (817) 731 -6402 e -mail: ron.coombs@sbcglobal.net LIE771E R OLD URANS lH77AL T0: N Aft j k[ f .S - C0 vJ t- WF ARP CFNIIIN(,- < FOR YOUR USE El FOR APPROVAL r S REQUESTED ❑OR REVIEW AND COMMENT COPIES DATE DESCRIPTION IF ENCLOSURES ARE NOT AS NOTED, PLEASE NOTIFY US AT ONCE. REMARKS: Y Cj COPY TO: FROM: KA A_ PREPARED � J `"_ 51 DATE: JOB # C) RE: I D 1 1 52 wj L-Jy o� VIA: ❑ U.S. MAIL ❑ COURIER ❑ OVERNIGHT DELIVERY HAND DELIVERY COOMES LAND SURVEYING, INC. ® P.O. Box 11370 Fort Worth, Texas 76110 4374 W. Vickery Blvd. Fort Worth, Texas 76107 (817) 731 -6400 Fax (617) 731 -6402 e -mail: ron.coombs@sbcglobal.net LIEV71E °3 OF Ti G°3LaHOWIrVAL TO: ' G /X,5 Attn: IA /P Apr QGAINNIr - DATE: 3 • 12 • ,08 JOB # d� � RE: A.-.2K COPIES DATE DESCRIPTION IF ENCLOSURES ARE NOT AS NOTED, PLEASE NOTIFY US AT ONCE. 2!"FOR YOUR USE ❑ FOR APPROVAL ❑ AS REQUESTED ❑ FOR REVIEW AND COMMENT VIA: ❑ U.S. MAIL ❑ COURIER ❑ OVERNIGHT DELIVERY HAND DELIVERY REMARKS: COPY T0: FROM: �� PREPARED CITY OF KENNEDALE, TEXAS OFFICE OF THE CITY SECRETARY COUNCIL MEETING MINUTE SLIP DATE: APRIL 10, 2008 REGULAR ITEMS: ITEM NUMBER: VIII. -h MOTION: COUNCIL MEMBERS MOTION SECOND AYE NAY ABSTAIN /ABSENT CLARK JOHNSON MILLER GREEN NOWELL ORDINANCE/RESOLUTION NO. 394 CARRIED CONTRACT /AGREEMENT NO. FAILED FOLLOW UP: CITY SECRETARY'S FOLLOW UP: Staff Report To the Honorable Mayor and City Council Date: April 3, 2008 Agenda Item No: VIII. -h Subject: Teen Curfew Ordinance Originated by: Chief Tommy Williams Summary: In April of 2005 council enacted an ordinance setting curfew hours for underage teens. The purpose of the ordinance was to more closely monitor the late night behavior of juvenile offenders, especially in regards to suspected gang activity. Court records indicate that there were 24 citations issued in 2006. and 6 in 2007. In polling our officers who work the overnight shift they have noticed a definite decline in the number of juveniles out late at night, which explains the declining citation numbers. In their opinion the ordinance is a very effective tool to have at their disposal. The reason for this being placed back on the agenda is because the original law allowing this ordinance also has a sunset clause. Council 'must review and pass the ordinance again after three years or it becomes null and void. Based on the fact that we have experienced declining issues with juveniles during the overnight hours and because of recent events indicating a problem with emerging gang activity in south Arlington, I am recommending that council enact the ordinance for another three year term. Recommendation: Staff recommends enacting the ordinance for another three years. Disposition by Council: ORDINANCE NO. 394 AN ORDINANCE RENEWING ORDINANCE NO. 292 OF THE KENNEDALE CODE OF ORDINANCES WHICH ESTABLISHED JUVENILE CURFEW REGULATIONS; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Kennedale, Texas is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the City Council adopted Ordinance, No. 292 in 2005, codified as Chapter 12, Section 12 -7- in the Kennedale City Code, adopting juvenile curfew regulations; and WHEREAS, the City Council has determined that the ordinance adopting a curfew for persons under the age of 17 has reduced criminal activity in the City of Kennedale; and WHEREAS, the City of Kennedale has an obligation to provide for the protection of minors and children, for the protection of the general public, and for the reduction of the incidence of juvenile criminal activities; and WHEREAS, Section 370.002 of the Texas Local Government- Code requires the City to review the curfew ordinance and hold public hearings every three years; and WHEREAS, after a careful study of results from the past three years and conducting the necessary public hearings, the City Council has determined that continuing a curfew for those under the age of 17 will be in the interest of the public health safety and general welfare and will help to attain the foregoing objectives and diminish the undesirable impact of such conduct on the citizens of the City of Kennedale. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KENNEDALE, TEXAS: SECTION 1. City of Kennedale Curfew Ordinance No. 292, codified as Chapter 12, Section 12 -7 in the Kennedale City Code, is hereby continued, as is, with no revisions or changes. SECTION 2. This Ordinance shall be cumulative of all other Ordinances of the City of Kennedale, and shall not repeal any of the provisions of such ordinances except in those instances when provisions of such ordinances are in direct conflict with the provisions of this ordinance in which event the conflicting provisions of such ordinances are hereby repealed. SECTION 3. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, 'paragraphs, and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph_ or section of this ordinance shall be declared unconstitutional by the judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 4. All rights or remedies of the City of Kennedale, Texas are expressly saved as to any and all violations of the provisions of any ordinances affecting curfew that have accrued at the time of the effective date of this Ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, same shall not be affected by this Ordinance but may be prosecuted until final disposition by the Courts. SECTION 5. Any person firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined upon conviction not more than Five Hundred Dollars ($500.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 6. The City Secretary of the City of Kennedale is hereby directed to publish in the official newspaper of the City of Kennedale the caption, penalty clause, publication clause and effective date clause of this ordinance as provided by Section 3.10 of the Charter of the City of Kennedale. SECTION 7. This ordinance shall be in full force and effect from and after its passage and publication as required by law and it is so ordained. PASSED AND APPROVED THIS 10' DAY OF APRIL, 2008. BRYAN LANKHORST, MAYOR ATTEST: KATHY TURNER, CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: WAYNE OLSON, CITY ATTORNEY Staff Report To the Honorable Mayor and City Council Date: April 4, 2008 Agenda Item No: IX Subject: Executive Session Abd4l�(V t 4 i'411� Originated by : Kathy Turner, City Secretary Summary: a. The City Council will meet in closed session pursuant to Section 551.071 of the Texas Government Code for consultation with the City Attorney pertaining to any matter in which the duty of the City Attorney under the Texas Disciplinary Rules of Professional Conduct may conflict with the Open Meetings Act, including discussion on any item posted on the agenda and legal issues regarding amortization of nonconforming uses; advice on noise regulations; regulation of sexually oriented businesses; and litigation, settlement offers, and /or claims regarding the following matters: 1. H &A Land Corporation, d /b /a Showtime Cabaret v. City of Kennedale; Cause No. 402-CV-045 8-Y (Dreamer's) 2. Potential litigation with Wal -Mart regarding Southwest Crossing Addition, Portion of Lot 2, Block 1, Kennedale, TX b. The City Council 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. 1. City Manager Recommendation: Disposition by Council: CITY OF KENNEDALE, TEXAS OFFICE OF THE CITY SECRETARY COUNCIL MEETING MINUTE SLIP DATE: APRIL 10, 2008 REGULAR ITEMS: ITEM NUMBER: X MOTION: COUNCIL MEMBERS MOTION SECOND AYE NAY ABSTAIN /ABSENT CLARK JOHNSON MILLER GREEN NOWELL ORDINANCE/RESOLUTION NO CV,l 7;ii pl7 CONTRACT /AGREEMENT NO. FAILED FOLLOW UP: CITY SECRETARY'S FOLLOW UP: Staff Repot To the Honorable Mayor and City Council Date: April 4, 2008 Agenda Item No: X Subject: Reconvene into open session, and take action necessary pursuant to executive session, if necessary. Originated by: Kathy Turner, City Secretary Summary: a. The City Council met in closed session pursuant to Section 551.071 of the Texas Government Code for consultation with the City Attorney pertaining to any matter in which the duty of the City Attorney under the Texas Disciplinary Rules of Professional Conduct may conflict with the Open Meetings Act, including discussion on any item posted on the agenda and legal issues regarding amortization of nonconforming uses; advice on noise regulations; regulation of sexually oriented businesses; and litigation, settlement offers, and /or claims regarding the following matters: 1. H &A Land Corporation, d/b /a Showtime Cabaret v. City of Kennedale; Cause No. 402 -CV- 0458 -Y (Dreamer's) 2. Potential litigation with Wal -Mart regarding Southwest Crossing Addition, Portion of Lot 2, Block 1, Kennedale, TX b. 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