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2008_07.10 CC PacketNotice is hereby given that a Work Session will commence at 5:30 p.m., and a Regular Meeting will commence at 7:00 p.m. by the governing body of the City of Kennedale, Texas, on the 10 day of July 2008 at 405 Municipal Drive, Kennedale Municipal Building, Kennedale, Texas at which time the following subjects will be discussed to wit: (SEE ATTACHED NOTICE) Dated this 7 day of July 2008. By: Bryan Lankhorst, Mayor I, the undersigned authority, do hereby certify that the above Notice of Meeting of the governing body of the City of Kennedale, Texas is a true and correct copy of said Notice and that I posted a true and correct copy of said Notice on the bulletin board of City Hall of said City in Kennedale, Texas, a place convenient and readily accessible to the general public at all times, and said Notice was posted on July 7, 2008 at 4:00 P.M. and remained so posted continuously for at least 72 hours preceding the scheduled time of said Meeting. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services such as interpreters for persons who are deaf or hearing impaired, readers, large print, are requested to contact the City Secretary's Office at (817) 483 -1296 five (5) work days prior to the meeting so that appropriate arrangements can be made. ``�� \16111111 JC1 td, � F G* F atV4JI �s the 7 day of July 2008. By: Kathy T rner, TRMC City Secretary CITY OF KENNEDALE, TEXAS OFFICE OF THE CITY SECRETARY COUNCIL MEETING ROLL CALL DATE: JULY 10, 2008 START TIME: PM END TIME: PM ROLL CALL: CITY STAFF PRESENT: PRESENT PRESENT ABSENT MAYOR, BRYAN BOB HART V LANKHORST CITY SECRETARY / MAYOR PRO TEM V CITY ATTORNEY JOHN CLARK N VV PC 6 S COUNCILMEMBER CODE ENFORCEMENT BRIAN JOHNSON POLICE CHIEF COUNCILMEMBER TOMMY WILLIAMS JERRY MILLER FIRE CHIEF t/ Ae x COUNCILMEMBER DIR. OF FINANCE KELLY TURNER CLIFFORD BLACKWELL COUNCILMEMBER WATER/WASTEWATER DAVID GREEN STREET SUPERVISOR CITY STAFF PRESENT: PRESENT ABSENT CITY MANAGER r' BOB HART V CITY SECRETARY / KATHY TURNER V CITY ATTORNEY N VV PC 6 S CODE ENFORCEMENT LARRY HOOVER POLICE CHIEF TOMMY WILLIAMS FIRE CHIEF MIKE MCMURRAY DIR. OF FINANCE CLIFFORD BLACKWELL WATER/WASTEWATER LARRY LEDBETTER STREET SUPERVISOR GLEN GREENWOOD COURT ADMIN. BOBBIE SPENCE UB ADMIN. LUCY POLK wa d CITY OF K5V/VZVMZE 405 Municipal Drive, Kennedale, Texas 76060 AGENDA KENNEDALE CITY COUNCIL REGULAR MEETING — JULY 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 L WORK SESSION — 5:30 PM a. Status briefing on racetrack committee activities. b. Strategic Plan discussion. C. Discuss additional debt issuance for county road projects. d. Discuss enforcement of wreck ordinance. (Added) e. Discuss and review any item on the agenda, if needed. II. REGULAR SESSION — 7:00 PM III. INVOCATION AND PLEDGE OF ALLEGIANCE IV. 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. V. REPORTS /ANNOUNCEMENTS a. City Manager b. City Council C. Mayor Page 1 of 3 VI. 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 June 12, 2008 and Work Session dated June 17, 2008. b. Approval of Quarterly Investment Report. C. Approval of Resolution No. 252, suspending the August 8, 2008, effective date of Oncor Electric Delivery Company, LLC requested rate change. VII. REGULAR ITEMS d. Review and consider action to award bid for 33` Year Community Development Block Grant (CDBG). e. Review and consider action to approve Resolution No. 253, authorizing Notice of Intention to Issue Certificates of Obligation. f. Review and consider action to appoint/re - appointment members to the Library Advisory Board. g. Review and consider action to appoint an Alternate to the Planning and Zoning Commission. h. Review and consider action to appoint two Alternates to the Board of Adjustments. Review and consider action to approve Ordinance No. 405, amending Chapter 15, Article V, of the Kennedale City Code (1991), as amended, to provide for a sound mitigation plan for businesses and on -going activities. VIII. 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 and regulation of sexually oriented businesses. Page 2 of 3 VIII. EXECUTIVE SESSION CONTINUED 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 following: 1. Expansion of Sonora Park 2. Oak Crest Properties 3. Lot 1, Block 2, Shady Creek Addition IX. RECONVENE INTO OPEN SESSION, AND TAKE ACTION NECESSARY PURSUANT TO EXECUTIVE SESSION, IF NEEDED. X. ADJOURNMENT Page 3 of 3 CITY OF KEN/VEOALE 405 Municipal Drive, Kennedale, Texas 76060 AGENDA KENNEDALE CITY COUNCIL REGULAR MEETING — JULY 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. Strategic Plan discussion. C. Discuss additional debt issuance for county road projects. d. Discuss and review any item on the agenda, if needed. II. REGULAR SESSION — 7:00 PM III. INVOCATION AND PLEDGE OF ALLEGIANCE IV. 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. V. REPORTS /ANNOUNCEMENTS a. City Manager b. City Council C. Mayor Pagel of 3 VI. 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 June 12, 2008 and Work Session dated June 17, 2008. b. Approval of Quarterly Investment Report. Approval of Resolution No. 252, suspending the August 8, 2008, effective date of Oncor Electric Delivery Company, LLC requested rate change. VIL REGULAR ITEMS d. Review and consider action to award bid for 33` Year Community Development Block Grant (CDBG). e. Review and consider action to approve Resolution No. 253, authorizing Notice of Intention to Issue Certificates of Obligation. f. Review and consider action to appoint/re- appointment members to the Library Advisory Board. g. Review and consider action to appoint an Alternate to the Planning and Zoning Commission. Review and consider action to appoint two Alternates to the Board of Adjustments. Review and consider action to approve Ordinance No. 405, amending Chapter 15, Article V, of the Kennedale City Code (1991), as amended, to provide for a sound mitigation plan for businesses and on -going activities. VIII. 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 and regulation of sexually oriented businesses. Page 2 of 3 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 following: 1. Expansion of Sonora Park. 2. Oak Crest Properties. IX. RECONVENE INTO OPEN SESSION, AND TAKE ACTION NECESSARY PURSUANT TO EXECUTIVE SESSION, IF NEEDED. a. Review and consider action to approve Resolution No. 254 authorizing the city attorney to pursue legal action to obtain access to property for purposes of surveying, appraising the value and suitability of, and acquiring property for the expansion of Sonora Park. X. ADJOURNMENT Page 3 of 3 ,11ill -1111111;1111� 111'''11 �11 n i To the Honorable Mayor and City Council Date: July 3, 2008 Agenda Item No: 1. a -d Subject: Work Session Originated by : Kathy Turner, City Secretary Summary: Work Session a. Status briefing on racetrack committee activities. b. Strategic Plan discussion. c. Discuss additional debt issuance for county road projects. d. Discuss and review any item on the agenda, if needed. Recommendation: Disposition by Council: a C O T m NO Nm d'Cn(O rW OO.- N� >- 0 0 0 0 0 0 0 0 0 O 0 0 0 0 0 0 0 0 0 0 0 0 0 N N N N N N N N N N N N N@ — M I N a) -r- 1 6 -5 m d' N LO N LO 00 d' 0 W W co U 't (O dt It N 't d' co LO r � O2 O O m r LO h m W co m 4 4 d' W N N W M M co X (7 d' m It It dt LO LO LO LO LO m Ln LO LO dt d' It O O O 0 m LO m - - .- .- c- c- c- r- c- c- c- - - - - - - - - 0 0 0 0 CO 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O bT 63 Efl E}3 ffl EiT EJT bT EFJ 63 bT EFT 63 bT 63 63 63 63 63 bT Efl EFT 63 LO _ �. 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Efl 0 O CO W CO O O�t O W W W M W dt 0 0 It LO M M N O r M M O LO 0 O M CM M W 0 O M (O M 0 N co O r - N 0 CO m dt W H O M It LO - O CO W It O - r CO O N N LO (fl CV LCj CM 0 r W Ln 'If m M o N C0V W C) r-- N_ mm N_� LO LO LO 0000000 O 6 ?Cf)63 � 63 CH 636363 EA 64 Cfl 6) Cfl CA � Ufl 63 CA CAS ° O N r 0 '�I' '�I' W O m M M W O W W W ° O 00 0 0 00 0 LO M O W N LO O O M CO LO O r O N W r LO N O M LL) m d' dt �- U') LO N I t� N r 0 0 LO ° V) r- 0� M N O N M M r O M 6 h 0 O M M o ° 't Ln(oLn(DV)Ln(D(oLnLn(0(o ° N N M N N N N N N N N N N N N N (U ER 63 EFT bT bT 63 6) 6) 63 63 63 (A bT EFT UT 6T bT 63 EfT 63 UT Cn N O W N CO (O N r CO LO r N N d' W CO CO N r Lo O co t 0 x 0 0 co W N CO N dt 0 0 0 N a) d oOMrnocorna)M W W OcOCOLnr00� (n It m co d' N d' 0 0 (T CT N N 00 d' LO N W ..Q C d L L L LO LO LO LOO 00 LO LO LO LO LO V d' ZT � ea N 63 bT 636363 CFJ 6363 bT 63 EFT bT bT bT EA bT bT O Q 0 W 0 M d' 0 W r W 0 0 N m d' Lo W r W 0 0 O O N N N N N N N N N N m 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl 0 0 0 0 0 0 N N N N N N N N N N N N N N N N N N N N N N N A O co I- <6 0 a 0 0 ° o n o 0 o O o 0 Q ° O O O O° O Q O .��, E LO (5-6 0 O Cn O a r p C' m N �� �a64��6q a � o CD 0 0 0 m Q C C C 0 w o N CO Q 73 0 0 0 O I O o \° C) t0 0 r O C O N O LO U N d' � r co m N N OD bT 63 63 (Al p = - O + V a (0 O O O O O O i- U ON a NN E N � O N (n O O O L N a m L. �,���� te o -T. a` U) U) U) U) K CL E o .O U 30 .D IL 0m J!A J O Q O O O CL O N O O LO M 0 0 0 0 0 0 0 0 0 o CL Cl) L q O N O U m M N d r O) O M O O �� L6 W LO W r r 0 LO M M '^ U) T a r O d" 00 X 63 bT 63� Y m o O O N C l) 000° o In W co W O O O O LO Z CD M � O M 0 W O O O O O r ® m N N( W O LL - OO�� U CD U Ln r m r Ch V) O Cn O M o O M CO It O ty Q C CO dt LO o N LO LO LO ;; r k 62, 6q EfJ Ef> EfT d3 C N N Z LO r 0 CO 0 N 0 C N 0 0 - N LO M- V C C r O CO N 0 0 O Oj d� Lo U h co o o . d Oo(oLn(OOO c c D ) L6 W C) LO W W L!7 r cM o LO O (D Lo r r- O N NNMNmco It dt bT 63 63 63 bT 63 bT 63 63 Z a C O T m NO Nm d'Cn(O rW OO.- N� >- 0 0 0 0 0 0 0 0 0 O 0 0 0 0 0 0 0 0 0 0 0 0 0 N N N N N N N N N N N N N@ — M I N a) -r- 1 6 -5 m d' N LO N LO 00 d' 0 W W co U 't (O dt It N 't d' co LO r � O2 O O m r LO h m W co m 4 4 d' W N N W M M co X (7 d' m It It dt LO LO LO LO LO m Ln LO LO dt d' It O O O 0 m LO m - - .- .- c- c- c- r- c- c- c- - - - - - - - - 0 0 0 0 CO 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O bT 63 Efl E}3 ffl EiT EJT bT EFJ 63 bT EFT 63 bT 63 63 63 63 63 bT Efl EFT 63 LO _ �. LO It r co co O N O�t W 0 W 0 W W O 4 't r M LO OO W -t LO O W � W MLO t - N 'd''d' Cl) LO LO X E d' LO d' LO LO Cfl co r CO W W W (O W LO LO LO r- O O LO LO (6 O O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 c Gl>(F363 KT bT 63 (FT bT ER 63 63 63 63 63 63 63 bT 6363 d3 d363 bT atS LO O O W LO O CO r W W O M It LO N CO CO LO W 0 LO 0 CO M N LO LO r LO O LO LO O W W LO CO t 00 0 W co 0 0 0 W N e OC LO m'd;- - I r W d'OM M WON r M W Cn V M M O rl- 0 O M o W CO N N M N LO o N �t o LO O M O� O N 0 0 0 0 M CO N N N W W O W r r co co O 0 6) co 0 0 0 00 00 W CO CO LO m m N 63 63 bT bT bT CFT bT 63 CA 63 (A 63 (F) UT 63 bT 63 63 63 6-T 6). Efl 0 O CO W CO O O�t O W W W M W dt 0 0 It LO M M N O r M M O LO 0 O M CM M W 0 O M (O M 0 N co O r - N 0 CO m dt W H O M It LO - O CO W It O - r CO O N N LO (fl CV LCj CM 0 r W Ln 'If m M o N C0V W C) r-- N_ mm N_� LO LO LO 0000000 O 6 ?Cf)63 � 63 CH 636363 EA 64 Cfl 6) Cfl CA � Ufl 63 CA CAS ° O N r 0 '�I' '�I' W O m M M W O W W W ° O 00 0 0 00 0 LO M O W N LO O O M CO LO O r O N W r LO N O M LL) m d' dt �- U') LO N I t� N r 0 0 LO ° V) r- 0� M N O N M M r O M 6 h 0 O M M o ° 't Ln(oLn(DV)Ln(D(oLnLn(0(o ° N N M N N N N N N N N N N N N N (U ER 63 EFT bT bT 63 6) 6) 63 63 63 (A bT EFT UT 6T bT 63 EfT 63 UT Cn N O W N CO (O N r CO LO r N N d' W CO CO N r Lo O co t 0 x 0 0 co W N CO N dt 0 0 0 N a) d oOMrnocorna)M W W OcOCOLnr00� (n It m co d' N d' 0 0 (T CT N N 00 d' LO N W ..Q C d L L L LO LO LO LOO 00 LO LO LO LO LO V d' ZT � ea N 63 bT 636363 CFJ 6363 bT 63 EFT bT bT bT EA bT bT O Q 0 W 0 M d' 0 W r W 0 0 N m d' Lo W r W 0 0 O O N N N N N N N N N N m 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl 0 0 0 0 0 0 N N N N N N N N N N N N N N N N N N N N N N N A O co I- <6 0 To the Honorable Mayor and City Council Date: July 2, 2008 Agenda Item No: IV. 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 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 Y OU 1' YOUR COOPERATIO APPEARANCE BEFORE CITY COUNCIL DATE: Name of Speaker: Address: C S Phone: 01 Ko Subject: L CF" -C-" 0 ��� �L,6 Has this subject been discussed with any member or administrative staff? ❑ Yes 4 No If yes, please list name and date; A M 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. KE/VNEDALE 405 Municipal Drive, Kennedale, Texas 76060 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: 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 APPEARANCE BEFORE CITY COUNCIL DATE: 7 / io I 4 Name of Speaker: U, Address: Pa pox � .7 � — Y- Co '76 OK6 Phone: 1 9g7-O Subject: y-A i K G` (A CE? Has this subject been discussed with any member or administrative staff? ❑ Yes ❑ No If yes, please list name and date: Speaking in Favor: /K 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. y 405 Municipal Drive, Kennedale, Texas 76060 r 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 F OR YOUR COOPERA APPEARANCE BEFORE CITY COUNCIL DATE: %'_ /0, --0%' Name of Speaker: J5A- e a 77" Va c'a r Address: ) a � � � �J 1-1 c- Phone: Z37 Subject: Has this subject been discussed with any member or administrative staff? 0 Yes 91' 0 If yes, please list name and Speaking in Favor: or gainst 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 f 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 O FOR YOUR COOPERA APPEARANCE BEFORE CITY COUNCIL DATE: JU 2,dP Name of Speaker: WfMP�'�/ M Address: 0 �' �/)� l� 1' ✓/' Phone: ,x'17- l ° /✓`' l Subject: J1_ „&e OZ4 Has this subject been discussed with any member or administrative staff? 0 YesKNo 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 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: 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 Y OU 1R YOUR COOP APPEARANCE BEFORE CITY COUNCIL DATE: Name of Speaker: X9 Address: Subject: ga4� Has this subject been discussed with any member or administrative staff? ❑ Yes *0 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. i 4 405 Municipal Drive, Kennedale, Texas 76060 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: 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 OR YOUR COOP APPEARANCE BEFORE CITY COUNCIL DATE: �9�ZGtc Name of Speaker: 7Z` (lam' e ✓, i Address. 6 V�i��i /i / Phone: Subject: Has this subject been discussed with any member or administrative staff Yes o If yes, please list name and date: /' S-& h r i , d .c r J c>l 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. ti 405 Municipal Drive, Kennedale, Texas 76060 VISIT �,,PEAKER REQUEST FORM 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 APPEARANCE BEFORE CITY COUNCIL DATE: /' to r op Name of Speaker: !/ � � Address: // (9 � l Ve4 ✓edCW Ale Phone: Subiect: d a�m/,�) A rr, Has this subject been discussed with any member or administrative staff? ❑ Yes No ho If yes, please list name and date: Speaking in Favor: KFor ❑ 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. u 1' 405 Municipal Drive, Kennedale, Texas 76060 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 APPEARANCE BEFORE CITY COUNCIL LL DATE: Name of Speaker: Address: Phone: Subject: Has this subject been discussed with any member or administrative staf& O ❑ 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. Staff Repot To the Honorable Mayor and City Council Date: July 2, 2008 Agenda Item No: V. Subject: Reports /Announcements Originated by: Kathy Turner, City Secretary Summary: Reports /Announcements a. City Manager b. City Council c. Mayor Recommendation: Disposition by Council: CITY OF KENNEDALE, TEXAS OFFICE OF THE CITY SECRETARY COUNCIL MEETING MINUTE SLIP DATE: JULY 10, 2008 CONSENT AGENDA ITEM NUMBERS: VI a through VII c REQUEST TO REMOVE: ITEM ITEM PERSON: PERSON: ITEM PERSON: MOTION: COUNCIL MEMBERS MOTIO SECOND AYE NAY ABSTAIN /ABSENT CLARK JOHNSON MILLER GREEN TURNER ORDINANCE /RESOLUTION NO. lyli CARRIED FAILED Date: July 2, 2008 Agenda Item No: VI -a Subject: Approval of Minutes: Regular Meeting dated June 12, 2008; Work Session dated June 17, 2008. Originated by: Kathy Turner, City Secretary Summary: Meeting minutes reflecting action taken at the regular meeting held on June 12, 2008, and work session held on June 17, 2008. Recommendation: RECOMMEND APPROVAL Disposition by Council: MINUTES KENNEDALE CU. COI VCIL REGULAR MEETIN ,, :. JUI 12, 2008 405 MUN>I?ALJ1. — : NNEf�ALE MUNICIPAL BLDG. Mayor, Bryan Lankhorst cal d the meeting to order at 5:35 p.m. 3329 Members present: Mayor, Bryan Lankhorst; Mayor Pro -Tem, John Clark; Councilmember's Brian Johnson, Kelly Turner, and David Green. Members absent: Councilmember, Jerry Miller. Staff present: Bob Hart, City Manager; Kathy Turner, City Secretary; Doug Black, Legal Counsel; Clifford Blackwell, III, Director of Finance; Chief of Police, Tommy Williams; Mike McMurray, Fire Chief; Larry Hoover, Code Compliance Officer, and Cindy Henry, Intern. I. WORK SESSION a. Strategic Planning Discussion. Bob Hart, City Manager spoke about upcoming strategic planning sessions scheduled for city staff, boards /commissions and other civic groups. Hart said meetings would be held in June with Professor, Jim Kunde and UTA students, in which students would assist with the preparation of a report providing recommendations to obtain certain goals and performance measures that would be utilized as the guiding tool for the preparation of upcoming budgets. b. Discussion on proposed budget work session dates. A budget work session date was scheduled for Saturday, July 26` at 9:00 a.m. in the council chambers, with a follow -up, if needed scheduled the week of July 28` Discussion and review of any item on the agenda, if needed. Bob Hart, City Manager recommended council defer regular item IX -n, Insurance Agent of Record to the July 10 meeting. Mayor -Pro Tem, John Clark questioned consent agenda item VIII-d, participation in CDBG program FY 2009 -2011. Bob Hart, City Manager advised that the mandatory language was passed down from HUD and all participating agencies with the County were required to adopt the new language. Hart said that the City of Kennedale would not see any impact from the adoption. No further discussion, Mayor Lankhorst recessed the meeting at 6:05 p.m. to enter into executive session. II. EXEUCUTIVE 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 3330 discussion on any item posted on the agenda and legal issues regarding amortization of nonconforming uses; advice on noise regulations and regulation of sexually oriented businesses. 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 including: 1. Property located at 209 N. New Hope Road, Kennedale, TX (Old City Hall) ■ i Mayor, Bryan Lankhorst reconvened into open session at 6:40 p.m., and announced that any executive session action, if any, would be taken under the regular agenda item as listed on the agenda. Mayor Lankhorst then recessed the meeting at 6:41 p.m. IV. REGULAR SESSION Mayor, Bryan Lankhorst called regular session to order at 7:00p.m. V. INVOCATION AND PLEDGE OF ALLEGIANCE Clifford Blackwell, III, Director of Finance provided the invocation, followed by the Pledge of Allegiance being recited. VI. VISITOR/CITIZENS FORUM No persons registered to speak. VII. REPORTS /ANNOUNCEMENTS a. City Manager Bob Hart, City Manager announced the following: 1. Rodgers Farm Park dedication is scheduled for Saturday, June 21S at 10:00 a.m.; 2. Work picking up on the TownCenter Plaza; 3. Household Hazardous Waste Contract promotion scheduled; and 4. Ability to buy Toll Tags at the Kennedale Library. b. City Council Mayor Pro -Tem, John Clark thanked Tommy Williams, Chief of Police for his recent response on a complaint that did not arise within the City of Kennedale. Councilmember, Brian Johnson spoke about the Transforming Local Government Conference, and said that City staff gave a superior performance in their presentation. Johnson also advised that Bob Hart was recognized, and everyone spoke highly of him. Councilmember, David Green said it was nice to see the recent activities taken place with the parks and thanked James Cowey, Building Official and city staff for their hard work. 3331 C. Mayor Mayor, Bryan Lankhorst followed up with a reminder of the Rodger's Farm Park dedication, and the ability to purchase Toll Tags. a. Approval of minutes: Regular Meeting dated May 8, 2008; Special Meeting dated May 20, 2008 Review and consider action on Resolution No. 250, authorizing funding participation with Tarrant County Community Development and Housing Authority for the 31 St Year Community Development Block Grant Project for sanitary sewer lines to serve Oak Crest Addition. C. Review and consider action to authorize the City Manager to enter into an Interlocal Agreement with Tarrant County for road reconstruction of Crestview Drive. d. Review and consider action on Resolution No. 251, authorizing participation in Tarrant County's Community Development Block Grant Program for the Three - Program Year Period, Fiscal Year 2009 through Fiscal Year 2011. Councilmember, Brian Johnson requested item c be removed from consent agenda. Mayor Pro -Tem, John Clark moved to approve consent agenda items a, b and d, second by Councilmember, Brian Johnson. Motion carried (4 -0). IX. REGULAR ITEMS C. Review and consider action to authorize the City Manager to enter into an Interlocal Agreement with Tarrant County for road reconstruction of Crestview Drive. Questions were raised regarding asphalt, curb and gutter in regards to the reconstruction of Crestview Drive. It was said Tarrant County only supplies asphalt and curb and gutter was not included in the quote. Additional concerns were expressed with the weight of the fire truck going around the corner of Cloverlane Drive and Crestview Drive, and it was recommended that the City pay to have the intersection concrete to extend the life of the roadway. Councilmember, Brian Johnson moved to approve the authorization of the City Manager to enter into an Interlocal Agreement with Tarrant County for road reconstruction of Crestview Drive, second by Mayor Pro -Tem, John Clark. Motion carried (4 -0). e. Public Hearing, Review and Action on Ordinance No. 401, Planning and Zoning Commission Case #08 -05, Zone change request for Lots 2 and 3, Block 9, Oak Crest Addition, City of Kennedale, TX from the current zoning classification of "R -3" Single Family Residential District to that of "C -1" Restricted Commercial District. Property is located at 6705 Lindale Rd., Kennedale, TX. Requested by Karl Dennis of Sundance Corrugated LLC. 3332 1. Staff Presentation of Case — Larry Hoover, Code Compliance Officer briefed Council on the zone change request and advised that the Planning and Zoning Commission recommended approval of the zone change with a 7 -0 vote. Applicant Presentation of Case — Mr. Karl Dennis stated that the rezoning would allow him better use of the property to coincide with his business. Public Hearing — Karl Dennis, 2807 Marquis Circle, E, Arlington, TX registered in favor of the zone change. No other persons registered to speak for or against Planning and Zoning Case #08 -05. 4. Applicant Response — No response. 5. Staff Response and Summary of Case — No response. 6. Action on Case - Mayor Pro -Tem, John Clark moved to approve Ordinance No. 401, Planning and Zoning Commission Case 408 -05, zone change request for Lots 2 and 3, Block 9, Oak Crest Addition, City of Kennedale, TX from the current zoning classification of "R -3" Single Family Residential District to that of "C -1" Restricted Commercial District. Motion second by Councilmember, Brian Johnson. Motion carried (4 -0). £ Public Hearing, Review and Action on Planning and Zoning Commission Case #08 -06 — Re -plat of Lots IA, 1B, 1C1, 1C2, 2, and 3, Block 9, Oak Crest Addition, City of Kennedale, TX to that of Lot 1 -R, Block 9, Oak Crest Addition, City of Kennedale, TX. Re- platted lot will consist of approximately 1.245 acres and is located at 6705 and 6709 Lindale Rd., Kennedale, TX. Requested by Karl Dennis of Sundance Corrugated LLC. 1. Staff Presentation of Case — Larry Hoover, Code Compliance Officer briefed Council on the re -plat of the property, which would combine the five lots into one to allow better use of the property. Hoover indicated that the Planning and Zoning Commission voted 7 -0 to recommend approval of the re -plat. 2. Applicant Presentation of Case — No presentation. 3. Public Hearing — Karl Dennis, 2807 Marquis Circle, E, Arlington, TX registered in favor of the re -plat. No other persons registered to speak for or against Planning and Zoning Case #08 -06. 4. Applicant Response — No response. 5. Staff Response and Summary of Case — No response. 6. Action on Case — Mayor Pro -Tem, John Clark moved to approve re -plat of Lots IA, 1B, 1C1, 1C2, 2, and 3, Block 9, Oak Crest Addition, City of Kennedale, TX to that of Lot 1 -R, Block 9, Oak Crest Addition, City of Kennedale, TX. Motion second by Councilmember, Kelly Turner. Motion carried (4 -0). g. Public Hearing, Review and Action on Ordinance No. 402, Planning and Zoning Commission Case #08 -07, Request for abandoning a portion of Wrey Crest Road adjacent to Lot 1, Block 1, Broyles Addition, City of Kennedale, TX, as requested by Majestic Liquor Store. 3333 1, Staff Presentation of Case — Larry Hoover, Code Compliance Officer briefed Council on the abandonment request for a portion of Wrey Crest Road, and stated that the Planning and Zoning Commission voted 7 -0 to recommend approval of the abandonment. 2. Public Hearing — Ben Lanford, 1111 Jacksboro Hwy., Fort Worth, TX representing Majestic Liquor Stores, Inc, registered in favor for abandoning a portion of Wrey Crest Road. No other persons registered to speak for or against Planning and Zoning Case #08 -07. 3. Action on Case - Councilmember, Brian Johnson moved to approve Ordinance No. 402, Planning and Zoning Commission Case #08 -07, request for abandoning a portion of Wrey Crest Road, second by Councilmember, David Green. Motion carried (4 -0). h. Public Hearing, Review and Action on Ordinance No. 403, Planning and Zoning Commission Case #08 -08, Zone change request for Lot 2, Block 1, Southwest Crossing Addition, City of Kennedale, TX from the current zoning classification of "R -1" Single Family Residential District to that of "C -1" Restricted Commercial District. Property is located at the corner of Little School Road and US 287. Requested by Matt Cragun on behalf of O'Donald Engineering LLC. 1. Staff Presentation of Case — Larry Hoover, Code Compliance Officer addressed Council on the zone change request, and stated that the Planning and Zoning Commission voted 7 -0 to recommend approval of a Commercial Classification. 2. Applicant Presentation of Case: Terri Murray representing Chase Bank addressed Council with reasons why Council should consider Chase Bank as a tenant for the proposed site, Matt Cragun, Engineer for Chase Bank presented Council with an elevation chart depicting architectural features of the proposed bank. 3. Public Hearing Terri Murray, 8111 Preston Rd., Dallas, TX registered in favor of zone change. Matt Cragun, 1601 East Lamar, Arlington, TX registered in favor of zone change. Tyler Isbell, 4219 Somerville Ave., Dallas, TX registered in favor of zone change. Mr. Isbell representing The Watson Group, Retail Real Estate Company who is familiar with the Wal -Mart pad sites, entertained questions in regards to the market of the area. No questions were brought forth. Gordon Atkinson, 2201 Wolf St., Dallas, TX registered in favor of zone change. No other persons registered to speak for or against Planning and Zoning Case #08 -08. 3334 4. Applicant Response — No response. Staff Response and Summary of Case — Lamy Hoover, Code Compliance Officer added that O'Donald Engineering had met all of the city's code of ordinances, including the 90 -day waiting requirement for re- submittal of a zone change. Mayor Pro -Tem, John Clark said ordinance presented before them called for a "C -1" zoning classification, and inquired if other options were available to consider. Bob Hart, City Manager replied that under the commercial zoning ordinance, three options existed, which are "C -2" General Commercial, "C -1" Restricted Commercial and "C -0" Retail Commercial. Hart then advised Council that they had the ability to amend the zoning classification when an application was submitted as long as the zoning was as intense or less. Council could leave residential zoning in place or re -zone to C -0 or C -1, but could not re -zone to C -2. Councilmember, Kelly Turner requested additional clarification between C -0 and C -1. Bob Hart, City Manager replied that the building, setback and building size requirements are identical in both cases; however in the zoning ordinance permitted uses in each category were enumerated. 'Hart said as a general sweeping statement office uses are not permitted under C -0, but retail uses generally are. Other ancillary uses, churches, and governmental structures are permitted, but there are a few categories in C -0 that requires a conditional or specific use permit depending on the particular use. 6. Action on Case — Mayor Pro -Tem, John Clark moved to approve Ordinance No. 403, Planning and Zoning Commission Case #08 -08, zone change request for Lot 2, Block 1, Southwest Crossing Addition, City of Kennedale, TX from the current zoning classification of "R -1" Single Family Residential District to that of "C -O" Retail Commercial District. Motion second by Councilmember, Kelly Turner. Motion carried (4 -0). Review and consider action to re- appoint/appoint members to the Planning and Zoning Commission. Mayor Pro -Tem, John Clark moved to re- appoint Lori Bryan, Ernest Harvey, and Charles Overstreet as regular members to serve two -year terms to expire June 2010, second by Councilmember, David Green. Motion carried (4 -0). Mayor Pro -Tem, John Clark moved to appoint alternate, Frank Fernandez as a regular member to replace Charles Robeson, to serve a two -year term to expire June 2010. Motion second by Councilmember, Brian Johnson. Mayor Pro -Tem, John Clark, and Councilmember, Brian Johnson voted aye, while Councilmember's David Green and Kelly Turner voted nay. Mayor, Bryan Lankhorst voted aye to break the tie. Motion carried (3 -2). Mayor Pro -Tem, John Clark moved to appoint Lana Sather as an alternate to serve a two -year term to expire June 2010, second by Councilmember, David Green. Motion carried (4 -0). Mayor Pro -Tem, John Clark thanked Charles Robeson for his time and years of service on the commission. 3335 j. Review and Consider action to appoint a Chairman and a Vice -Chair to the Planning and Zoning Commission. Mayor Pro -Tem, John Clark moved to appoint David Hunn as Chairman, and Ernest Harvey as Vice - Chairman to the Planning and Zoning Commission, second by Councilmember, Kelly Turner. Motion carried (4 -0). k. Review and consider action to re- appoint/appoint members to the Board of Adjustment. Councilmember, David Green moved to appoint alternate Cheryl Abbott as a regular member to serve a two -year term to expire June 2010, second by Councilmember, Brian Johnson. Motion carried (4 -0). Councilmember, David Green moved to re- appoint Rick Adams and Linda Elam as regular members to serve two -year terms to expire June 2010, and re- appoint Richard West as an alternate to serve a two -year term to expire June 2010. Motion second by Councilmember, Brian Johnson. Motion carried (4 -0). Review and consider action to re- appoint/appoint members to the Building Board of Appeals. Councilmember, David Green moved to re- appoint Todd Whatley to Place 2, and Lin Eason to Place 4, both to serve two -year terms to expire June 2010. Motion second by Mayor Pro -Tem, John Clark. Motion carried (4 -0). m. Review and consider action to re- appoint/appoint members to the Parks and Recreation Board by individual Councilmembers. Councilmember, David Green moved to remove Mitch Blan from Place 2, and appoint alternate David Smith to Place 2 to serve a two -year term to expire June 2010, second by Councilmember, Brian Johnson. Motion carried (4 -0). Councilmember, David Green moved to appoint Mitch Blan as an alternate to serve in Place 7, to serve a two -year term to expire June 2010, second by Councilmember, Brian Johnson. Motion carried (4 -0). Councilmember, Kelly Turner moved to re- appoint Donna Gerron to Place 4, to serve a two -year term to expire June 2010, second by Mayor Pro -Tem, John Clark. Motion carried (4 -0). Councilmember, David Green moved to amend his motion to appoint Mitch Blan to Place 7, to serve a one -year term to expire June 2009, second by Councilmember, Kelly Turner. Motion carried (4 -0). Councilmember, Brian Johnson moved to remove Yolanda Jones, alternate from the board, second by Councilmember, David Green. Motion carried (4 -0). Councilmember Kelly Turner moved to appoint Greg Long to Place 8, to serve a two -year term to expire June 2010, second by Councilmember, Brian Johnson. Motion carried (4 -0). 3336 Councilmember, David Green moved to re- appoint Elizabeth Carrington to Place 6, to serve a two -year term to expire June 2010, second by Councilmember, Brian Johnson. Motion carried (4 -0). n. Review and consider action to award bid and authorize the City Manager to execute a contract for Insurance Agent of Record. No action was taken on this item, as Bob Hart, City Manager requested item be delayed to the July 10, 2008 meeting. o. Review and consider action on Ordinance No. 404, sale of City Hall. Councilmember, Brian Johnson moved to approve Ordinance No. 404, proceeding with the sale of old City Hall for Forty Seven Thousand Dollars ($47,000.00) subject to the terms and conditions set for in the contract being met, second by Mayor Pro -Tem, John Clark. Motion carried (4 -0). X. ADJOURNMENT Councilmember, Brian Johnson moved to adjourn the meeting at 8:09 p.m., second by Mayor Pro -Tem, John Clark. Motion carried (4 -0). APPROVED: Mayor, Bryan Lankhorst ATTEST: Kathy Turner, City Secretary MINUTES;:::` KENNEDALE CITY OUI : IL WORK SESSIQI? JUNE 17;;008 405 MUNICIPl DRIVVU - IC I' tEL ALE MUNICIPAL BLDG. CdV`*NC ; G IIAMBERS Mayor, Bryan Lankhorst called>J0 work session to order at 7:05 p. 09191/l Members present: Mayor, Bryan Lankhorst, Mayor Pro -Tem, John Clark, and Councilmember, Kelly Tuner. Members absent: Councilmember's Brian Johnson and David Green. Staff present: Bob Hart, City Manager, Kathy Turner, City Secretary, and Tommy Williams, Chief of Police. Chamber members present: Pat Doescher, Chairman; Board of Directors, Fred Moore, Gary Mitchell, and Naseem Patel. Also, present were Professor, Jim Kunde and UTA students Samjhana Stibestha and Solomon Amed. I. WORK SESSION a. Bob Hart, City Manager, Professor Jim Kunde and UTA students will host a joint strategic planning process work session with the City Council, Chamber of Commerce Board of Directors, and the KISD Board of Trustees. Professor, Jim Kunde presented a series of questions to participants to receive input from each in regards to structure, citizen importance, and controversial issues within the City. Overall responses were placed in view, and participants had to rank most critical to least critical. After all meetings with city staff and various board /commissions have taken place, students along with Professor Kunde's guidance will gather information from discussions and prepare a report with recommendations for the City to utilize in future planning of budgets and projects. Report will be presented to the City Council in July. I I'.��7lZ�1i1,7►1►lI �I�Y'! No further discussions, Mayor Lankhorst adjourned the work session at 8:30 p.m. APPROVED: Mayor, Bryan Lankhorst ATTEST: Kathy Turner, City Secretary CITY OF KENNEfl,�1 LE kw jr To the Honorable Mayor and City Council f mz: 07/10/200 1 1 - a 1 1 _ - 1 1 1 i SUMMARY: Per the Public Funds Investment Act, at least quarterly, a municipality must report to the governing body the status of funds invested by the City of Kennedale, in accordance with the City's Investment Policy adopted on September 13 2007. Reports are normally received on the first Friday of each month. With this Friday being the July 4 holiday, reports detailing the above will be provided to Council prior to the meeting. Recommendation: Staff recommends City Council accepts the Quarterly Investment report as reported by staff. Disposition by Council: Staff Report To the Honorable Mayor and City Council ., As of t e 30th, 2 008 The Quarterly Investment Report provides the City's investment portfolio position at June 30, 2008. Funds of the City are invested in accordance with the City of Kennedale Investment Policy as reviewed on September 13, 2007 and approved with Resolution No..O The majority (60 %) of the City of Kennedale's Investments are owned by the Pooled Cash Fund. While the following funds own percentages of the remaining investments: Debt Service Fund — 0.1 %, 1998 CO Bond Fund — 30.5 %. Water Sewer Capital Improvement Fund — 9.0 %. As of June 30, 2008, 86.9% of the City's investments are in investment pools, while 2.2% are in reverse repurchase agreements, in the form of a sweep account. The remaining 10.9% are invested in a money market savings account. Both the sweep account and the money market savings account are collateralized by AAA rated securities. TexPool, Texas Term, and TexStar have all declared the following: 1) Their investment portfolios meet the Public Funds Investment Act, 2) They are rated as AAA money market funds by a nationally recognized rating service, and 3) The Net Asset Value of the pools are maintained within the required range at all times. Beginning Book Value (all) 04/01/2008 $ 13 2nd Qtr Deposits $ 3,873,084.35 2nd Qtr Withdrawals ($ 5,153,478.65) Interest Earned $ 70,972.25 Ending Book Value (all) 06/30/2008 $ 11,874,306.46. Market Value of As of .dune 30th $11,874,306.46 Investments Weighted Average Maturity TEXPOOL Between 80 & 83 days LOGIC Between 60 & 66 days TEX STAR Between 78 & so days Portfolio of Term Investments for 2nd Quarter The City does not currently own any fixed term maturities Portfolio of Agency Investments for 2nd Quarter The City does not currently own any agency securities. Investment Strategies The City's main objectives in managing the portfolio are as follows: (1) to diversify and to ensure safety of the principal, (2) to maintain sufficient liquidity to meet all operating requirements, (3) to make all investments with prudent judgment and care, and (4) to attain a rate of return commensurate with the City's investment risk constraints. The City does not purchase high -risk investments such as derivatives. The following table indicates investment rates for the three -month period ending March 31, 2008. May-08 June -08 3.0000% 2.7000% 2.4000% 2.1000% 1.8000% 1.5000% 1.'2000'/, 0.9000% Apr -08 May -08 Jun -08 TEXPOOL — TXSTA,P. LOGIC T -BILLS The average 13 week T -Bill Rate that matures during this quarter was slightly less than the rates currently being offered by LOGIC but more than those offered by both TexPool and TexStar. Most funds were invested in the investment pool in order to achieve the greatest liquidity while earning a competitive yield. New Reporting Requirements This report is in compliance with the investment strategies as approved and the Public P____ ]- T__- __ -i___ _ __ A _. Page 2 of 2 0000 sosaI00000ao 0o ao ao oe � N O O O r � 0 0 ID O (p 0 0 0 0 0 O O O O O O O O O fV o 0 0 Q O o o M m I: N 0 0 0 0 0 0 o O o o 0 0 O U) MI c N � Q � O S (e& L C w a) v0 L F.. 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J J J J p' W F W F Q a ul O O O O O O w a M a a a °�g r m w w w w W b1 w w O o U) a r u� u� u� r r u� LL LL J J m F N � n F Z J 0 (QQQ^� O = N t- � m N F' t0 0 cm a M 0 49 U Z_ ❑ Z W O w a J w O K O To the Honorable Mayor and City Council Date: July 2, 2008 Subject: Approval of Resolution No. 252, suspending the August 8, 2008, effective date of Oncor Electric Delivery Company, LLC requested rate change. Originated by: Bob Hart, City Manager Summary: Oncor Electric Delivery Company filed an application on June 27, 2008 with cities retaining original jurisdiction seeking to increase system -wide transmission and distribution rates by $275 million. (Until last year, Oncor was known as TXU Electric Delivery Company.) Oncor asks the City to approve a 17.6% increase in residential rates, a 9.1% increase in commercial rates, and a 5.8% increase in street lighting rates. According to Oncor, annual rates would increase by approximately $60 for an average residential customer. In 2007, the city joined the Alliance of TXU / Oncor Customers ( "ATOC "). This coalition was active in the case at the PUC involving the acquisition of TXU Electric Distribution Co., the predecessor to Oncor and ATOC was active in last year's general rate case by Oncor. Because of a settlement, last year's rate case did not change rates. The 2008 rate request by Oncor is the largest, in terms of dollars, ever filed by an investor -owned utility in Texas. As a result of the settlement with Oncor, ATOC's rate case expenses will be paid by the public utility without the necessity of any contributions from municipalities. The attached resolution will suspend the August 8, 2008 effective date of the Oncor's rate increase for the maximum period permitted by law to allow ATOC to determine what further strategy, including settlement, to pursue. The law provides that a rate request made by an electric utility cannot become effective until at least 35 days following the filing of the application to change rates. The law permits the City to suspend the rate change for 90 days after the date the rate change would otherwise be effective. If the City fails to take some action regarding the filing before the effective date, Oncor's rate request is deemed administratively approved. Recommendation: Recommend Council approves Resolution No. 252, suspending the August 8, 2008, effective date of Oncor Electric Delivery Company, LLC requested rate change, and appoint the City Manager to serve on the ATOC Steering Committee. IIIIIIIIIIIIIIIII .. WHEREAS, on or about June 27, 2008 filed a request to increase its transmission and WHEREAS, in June 2008 four retail business, forcing thousands of electric unheard of in the United States; and Delivery Company ( "Oncor ") has rates by more than $275 million; and providers ( "REPs ") have gone out of to purchase electricity at prices which are WHEREAS, the Oncor rate incr�ase request is being filed at a time when the Public Utility Commission of Texas is consi ring requests for over $5 billion in new transmission projects. A large portion of the costs r these projects will be borne by customers located within the municipalities served by Oncor; WHEREAS, the general /rate increase being requested by Oncor is in addition to the surcharge being sought for advonced metering services; and WHEREAS, the OY(cor rate increase requires the specialized expertise of lawyers and experts who concentrate �fn analyzing utility rate requests; and WHEREAS, the coalition known as the Alliance of TXU / Oncor Customers ( "ATOC ") was active at the Public Utility Commission of Texas in the Oncor 2007 rate request proceeding and in the proceeding involving the acquisition of TXU Electric Distribution Company by Texas Entergy Future Holdings; and 1 of 3 WHE REAS, on June 27, 2008 Oncor Electric Delivery Company ( "Oncor ") filed a request to increase its transmission and distribution rates by more than $275 million; and WHEREAS, under the Public Utility Regulatory Act § 36.108 a municipality may suspend the effective date for adoption of the request for a change in rates; and WHEREAS, in June 2008 four retail electric providers ( "REPs ") have gone out of business, forcing thousands of electric customers to purchase electricity at prices which are unheard of in the United States; and k WHEREAS, the Oncor rate increase request is being filed at a time when the Public Utility Commission of Texas is considering requests for over $5 billion in new transmission projects. A large portion of the costs for these projects will be borne by customers located within the municipalities served by Oncor; and WHEREAS, the general rate increase being requested by . Oncor is in addition to the surcharge being sought for advanced metering services; and WHEREAS, the Oncor rate increase requires the specialized expertise of lawyers and experts who concentrate on analyzing utility rate requests; and 1 of 3 WHERE AS, the coalition known as the Alliance of TXU /Oncor Customers ( "ATOC ") was active at the Public Utility Commission of Texas in the Oncor 2007 rate request proceeding and in the proceeding involving the acquisition of TXU Electric Distribution Company by Texas Entergy Future Holdings; and WHEREAS, participation in ATOC will benefit electric customers within our municipality by helping insure that Oncor rates are just and reasonable. KENNE DALE, TEXAS THAT: Section 1. The findings set out in the preamble to this resolution are in all things approved and adopted. Section 2. That the City is authorized to join with other municipalities, public entities and commercial customers in order to participate in the Alliance of TXU /Oncor Customers ( "ATOC "), to form a steering committee to provide direction and guidance to legal and consulting experts with regard to the Oncor 2008 General Rate Request. Section 4. That the City does hereby suspend the proposed effective date of Oncor's request for an increase in rates for a period of 90 days. Section 3. That the City authorizes the law firm of Herrera & Boyle, PLLC to act on behalf of the City and ATOC in the Oncor 2008 General Rate Request and related proceedings. Section 4. Legal counsel for ATOC is authorized to take such actions in connection with the Oncor 2008 General Rate Request as are in the best interest of the customers of Oncor who are located within the City's municipal boundaries, consistent with the instructions of the Steering Committee, including any administrative or judicial proceedings related to Oncor's 2008 General Rate Request. 2of3 Section 50 That the meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 5 51. Section 11. That this resolution shall become effective from and after its passage. PASSED AND APPROVED this 10 day of July 2008. BRYAN LANKHORST, MAYOR ATTEST: KATHY TURNER, CITY SECRETARY APPROVED AS TO FORM: WAYNE OLSEN, CITY ATTORNEY 3 of 3 CITY OF KENNEDALE, TEXAS OFFICE OF THE CITY SECRETARY COUNCIL MEETING MINUTE SLIP DATE: July 10, 2008 REGULAR ITEMS: ITEM NUMBER: VII -d MOTION: COUNCIL MEMBERS MOTION SECOND AYE NAY ABSTAIN /ABSENT CLARK JOHNSON MILLER GREEN TURNER ORDINANCE/RESOLUTION NO. CARRIED CONTRACT /AGREEMENT NO. FOLLOW UP: FAILED CITY SECRETARY'S FOLLOW UP: a ' 77; Agenda t o: VII -d Subject: Award of Bid for 33 year Community Block Grant Program Project Originated y: Larry Hoover, Code Enforcement Officer Summary: On January 2, 2005 the council selected for the replacement of 1550 linear feet of sanitary sewer main in the Old Town Neighborhood along Mansfield Avenue for an estimated cost of $185,678.75 as the 33 year CDBG project. Staff and engineers from Teague, Nall and Perkins performed a Video inspection of the project and found a section thought to be damaged in good shape and sized properly for the required service. Consequently the bid for the project was adjusted to replace 830 linear feet of 8" sanitary sewer main. Bids were opened on June 25, 2008 at the Tarrant County Community Development offices. The low bid was submitted by Hall- Albert Construction Company for $101,788.00. The CDBG funds amount to 75,773.00 leaving the City's contribution for the project at $26,015.00. This is a savings of $67,663.75 from the original estimate for the city's contribution of $93,678.75. Construction should begin in late summer and will utilize pipe burst methods. Recommendation-, Staff recommends award of bid to Hall -Amt-Constru5ion Co. for $101,788.00 with the city's contribution o 6,015. Disposition ,. , Civil Engineering Surveying Landscape Architecture Planning June 25, 2008 Mr. Larry Ledb tter City of Kenn ale 405 Muni ci al Drive Kennedal . TX 76060 Re: 33rd Year CDBG Project — Kennedale SS Rehabilitation for Mansfield Avenue Recommendation for Award Dear Larry, The bid opening for the `Sanitary Sewer Rehabilitation for Mansfield Avenue. was held at the offices of Tarrant County Community Development on, Wednesday, June 25, 2008. The subject project involves construction of approximately 830 LF of pipe bursting enlargement of existing sanitary sewer pipe on Mansfield Avenue. Three formal bids were received at the 10:00 AM bid opening and they appear on the attached bid tabulation. We have reviewed the bids for accuracy and omissions and they appear to be in order. The low bid was submitted by Hall -Albert Construction Co. in the amount of $101,788.00. The low bidder is an established local Contractor in trenchless rehabilitation and performed last year's CDBG project construction to the satisfaction of the City. The 33rd Year CDBG construction funds amount to $75,773.00. The difference between the available CDBG monies and the bid price will require supplemental City funding in the amount of $26,015.00, if the project is to be awarded. We suggest the City recommend to Tarrant County the award of the Base Bid to Hall -Albert Construction Co. In addition, the City of Kennedale should agree to participate in the cost of the construction in the amount of $26,015. We appreciate your consideration of this recommendation and thank you for the opportunity to, again, be of service to the City of Kennedale. Sincerely yours, TEAGUE NALL AND PERKINS Attachment xc: Larry Hoover, City of Kennedale Don Day, Program Coordinator Hall -Albert Greg D. Saunders, P.E. 1100 Macon Street Fort Worth, Texas 76102 817.336.5773 phone 817.336.2813 fax www.tnp-online.com 00000000000000 J 0 0 0 0 0 0 0 0 0 0 0 0 0 0 00000000000666 Q F O O O O O d' O O O O N O O M Ln 0 0 (n 0 00 4n O O� M O C 69 P a , ® h ® O N (O M N W to w m 6) Efl 6964696964 r O LL w h U) U) ° 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O x O 666666 0 0 6 6666 �O U U 0000oN 0Ln01� 00w Q (n 00 M LO(»064(»0 LO J Z � i» tq 60 61> � 0 0 0 0 0 co 0 0 0 0 0 0 0 0 co W W J ooC 0C v oC v Co q0 O o O O (1') N O 00 O 00 (O 0 0 0 C) S W J D U) Q O O O d O I- M 00 In O O O O In ul�PZ 4 r W M In M V O O M Q Z W O ti m M N N M (V Uj M Ql W 'Q W J NN 69 69 � W (A 69 64 V3 (a EA r Q Z U ❑ 0 0 0 o O 0 0 0 0 0 0 0 0 Y } ® v q W 0 Q O 0 0 0 0 0 O M O M O o 0 0 O O W 6 6 li W 0 a U O (C) M O — M O O co oo (o 6q (D c,,> M M h r- W W I_ CO p � z ((') N — (fl 64 (On fl- Efl � W � EA Efl U) (fl Q Q Z U U) ® Z Q 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 _ W J 0 0o0 0 v, 0000(0000° O O O O Ci 0 0 0 0 0 t- 0 0 0 J a Z U _ Q F 0 0 0 0 0 0 0 00 (O <P m O NOW O O 00 r r- LO r-- 00 r N It O O t J d' W 0 0 op 0) I` to w N M (f) N w 69 V) W It 64 6 69 64 64 w w 64 e° O �q U W m L) (J) 0 0 0 0 0 0 0 0 C. 0 0 0 0 0 O O O O O N O 0 0 C. w 0 0 0 , F. Q J Z F. y U O U Ci 0 0 0 h O �f o o c- 0 6 6 o 0 0 N 0 In E N O 69 O O V ® O ct W "i � (3 69 ER EA ` O (fl 69 M 6t ffl 64 W D z QQ QQ QQ QQ J J J J J J W J W W� W W W r � r z '- In N (n �- W LO 04 CO M .-- N CD LO Q 00 D d M M Ln f N F- N 0 O C LL 0c. F - N W U + ® m ❑ d a n c P c a 3 Q � d Q ° m z c a) N O Z O a 0 F- Y (U po c ° C(D Co(n�� Qn ° o W m 0 c U p c CL3 uj ❑ W 0a o (A a) 0i a) m 3 - U to c a a ) ) 0 3 m Z Z N N 'p O co �, (n b L6 N C O v C 4 J 2 Q J W Q W O F N m C p N N p- M C N +� _ (a a v Z o z OZ 0 - N O E x O W (° o o y ❑ a) U LL > I c U m C• W J co Lll •• a) C N d .�. C O U N O p Z O 0 C N > D @ Q v C c C O X = fn dy N O N CC W F- U Fm m inU V W Inbo;t�tw_� �UF WO �NMV F- z ii Date: January 2, 2005 Item: Subject: Approve Project for 33` Year CDBG The City has an annual Public Works project that is funded by the Community Development Block' Grant Program (CDBG). This program is administered by Tarrant County. As part of the process, the County requires that the City authorize the project and pledge any funds that the City may use in participation of the project. This year's recommended project would consist of the replacement of 1,550 linear feet of Sanitary Sewer in the Old Town Neighborhood. The project would be the first phase in a multi year phased program which upgrades the Sanitary Sewer System that services Old Town. The area represents some of the oldest sewer lines in the City. Additionally, the lower limits of the project would be upsized from 8" to 10 ". The project also includes some "pipe burst" construction. The estimated cost of the project is $185,678.75. Based on the anticipated CDBG funding level, the City would be required to contribute $93,678.75 (estimated increase of 4% of operating budget). This money would be budgeted in next year's Water and Sewer Budget. However, should the Council elect to do so, a reduced project was suggested by the engineer that keeps the funding level closer to what has been set aside over the last couple of years. Staff recommends the Council authorize the Mansfield Avenue\ New Hope sewer project with an estimated construction funding by the city of $93,678.75. The estimated construction start date would be Spring of 2008. Originated by: Disposition by Council Mark White Director of Community Development 1 NO. Part A - Mansfield Ave. from Railroad to Kenney (33rd Year CDBG) 1 Mobilization 1 LS $3,500.00 3,500.00 2 Connect to Existing Sewer 3 EA 500.00 $1,50 0.00 3 4' Standard SSMH 3 EA $3,600.00 $10,800.00 4 Extra Depth for 4' Standard SSMH 9 VF $200.00 1 800.00 S 10" SDR -35 PVC Sewer - Open Cut 265 LF $46.00 $12,190.00 6 10" HDPE DR -17 IPS Sewer - Pipe Burst 485 LF $34,920.00 7 8" HDPE DR -17 IPS Sewer - Pipe Burst 520 LF $69.00 $35,88 0.00 8 4" Sanitary Sewer Service Connection 12 EA $850.00 $10,200.00 9 lRemove Existing Manholes 3 EA $1,200.00 $3,600.00 10 HMAC Pavement Repair 80 LF $35.00 $2,800.00 11 Post Construction Video Inspection 1 LF $1.75 $2,222.5 0 12 Miscellaneous Utility Adjustment 1 LS $4,000.00 $4,000.0 0 13 Trench Safety 60 LF $3.00 $180.00 14 Topsoil 300 SY t4.00 X1.200.00 500 Subtotal Part 15% Contengem Total Part sign I Engineerk Iroiect Cost Part Match Amount Other Sources (C U NO. Parts A & B Mansfield Ave. from RR to New Hope (33rd Year CDBG) 1 Mobilization 1 LS $3,500.00 $3,500:00 2 Connect to Existing Sewer 4 EA 500.00 $2 3 4' Standard SSMH 4 EA $3,600.00 $14 4 Extra Depth for 4' Standard SSMH 12 VF 200.00 $2,400.00 5 10" SDR -35 PVC Sewer - Open Cut 265 LF $46.00 12190.00 6 10" HDPE DR -17 IPS Sewer - Pipe Burst 485 LF $72.00 $34,920.00 7 8" HDPE DR-17 IPS Sewer - Pipe Burst 800 LF $69.00 $55 8 4" Sanitary Sewer Service Connection 16 EA $850.00 $13 600.00 9 lRemove Existing Manholes 4 EA $1 $4,800.00 10 HMAC Pavement Repair 80 LF $35.00 $2,800.00 11 Post Construction Video Inspection 1,550 LF $1.75 $2,712.50 12 Miscellaneous Utility Adjustment 1 LS $4,000.00 $4,00000 13 Trench Safety 80 LF $3.00 $240.00 14 I Topsoil 300 SY $4.00 $1 15 H dromulch 600 SY $2.00 $1,200.00 Subtotal Parts A & B $155,162.50 10% Contengency $15,,516.25 Total Parts A & B $170,678.75 15 000.00 Design I Engineering Total Project Cost Parts A & B $185,678.75 Match AmountL@01����= Other Sources 11 CITY OF KENNEDALE, TEXAS OFFICE OF THE CITY SECRETARY COUNCIL MEETING MINUTE SLIP DATE: July 10, 2008 REGULAR ITEMS: ITEM NUMBER: VII -e MOTION: COUNCIL MEMBERS MOTION SECOND AYE NAY ABSTAIN /ABSENT CLARK JOHNSON MILLER GREEN TURNER ORDINANCE/RESOLUTION NO. 253 CONTRACT /AGREEMENT NO FOLLOW UP: CARRIE f FAILED 1 4.-- 2.4 CITY SECRETARY'S FOLLOW UP: t1F ArOWMAZE To the Honorable Mayor and City Council DATE: 07/10/200T SUBJECT: REVIEW 1 CONSIDER APPROVAL •.. • •, • 253, AUTHORIZING • OF • TO ISSUE OF OBLIGATION ORIGINATED BY: Clifford Blackwell, Director of Finance SUMMARY: August 11, 2005 City Council approved a resolution ( #193) authorizing the City's submission of roadway improvement projects for consideration into Tarrant County's Bond Program. They (Little School Road, Bowman Springs Road, Sublett Road) all were approved. And on July 12, 2007, the City Council considered the design of the three roadways (3 -lane, round - about, etc.) and began the process of funding the City's portion of these major roadway projects. Therefore, on September 13, 2007 the City Council authorized the sale of $2.735 million in Certificates of Obligation that would be supported by the interest & sinking fund of the City property tax authority. Of course, this issuance was no more than 42% of the total funding needed for all three major roadway projects. Total cost is estimated at over $6 million from the City. Since those discussions, City staff have also recommended to Council the inclusion of Dick Price Road as part of the bond issuance, with the support of those bonds coming from the City's Royalty Contract proceeds from IESI. Therefore the total issuance City Staff is seeking with this notice is $4.5 million Of which $3 million will be supported by the interest & sinking fund of the City's property tax authority while the remaining $1.5 million will be supported by royalty revenue proceeds from the C &D Landfill. Recommendation: Staff recommends City Council to approve resolution ( #253) authorizes a `Notice of Intention' to issue Certificates of Obligation for $4.5 million. Disposition by Council: THE STATE OF TEXAS § COUNTY OF TARRANT § CITY OF KENNEDALE § I, the undersigned City Secretary of said City, hereby certify as follows: 1. The City Council of said City convened in REGULAR MEETING ON THE 10 DAY OF JULY, 2008, at the City Hall, and the roll was called of the duly constituted officers and members of said City Council, to wit: Bryan Lankhorst, Mayor John Clark, Councilmember, Place I David Green, Councilmember, Place 2 Brian Johnson, Councilmember, Place 3 Kelly Turner, Councilmember, Place 4 Jerry Miller, Councilmember, Place 5 and all of said officers and members of said City Council were present, except the following absentees: ' thus constituting a quorum. Whereupon, among other business, the following was transacted at said Meeting: a written RESOLUTION AUTHORIZING NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION was duly introduced for the consideration of said City Council. It was then duly moved and seconded that said Resolution be adopted; and, after due discussion, said motion carrying with it the adoption of said Resolution, prevailed and carried by the following vote: AYES: NOES: ABSTENTIONS: 2. That a true, full and correct copy of the aforesaid Resolution adopted at the Meeting described in the above and foregoing paragraph is attached to and follows this Certificate; that said Resolution has been duly recorded in said City Council's minutes of said Meeting; that the above and foregoing paragraph is a true, full and correct excerpt from said City Council's minutes of said Meeting pertaining to the passage of said Resolution; that the persons named in the above and foregoing paragraph are the duly chosen, qualified and acting officers and members of said City Council as indicated therein; that each of the officers and members of said City Council was duly and sufficiently notified officially and personally, in advance, of the time, place and purpose of the aforesaid Meeting, and that said Resolution would be introduced and considered for passage at said Meeting, and each of said officers and members consented, in advance, to the holding of said Meeting for such purpose, and that said Meeting was open to the public and public notice of the time, place and purpose of said meeting was given, all as required by Chapter 551, Texas Government Code. SIGNED AND SEALED the IO day of July, 2008. (SEAL) City Secretary, City of Kennedale, Texas RESOLUTION NO. 253 RESOLUTION AUTHORIZING NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION THE STATE OF TEXAS § COUNTY OF TARRANT § CITY OF KENNEDALE § WHEREAS, the City Council of the City of Kennedale, Texas (the "City ") hereby determines that it is necessary and desirable to acquire right -of -ways and construct street, curb, and sidewalk improvements, together with utility relocation and drainage improvements incidental thereto (the "Project "); WHEREAS, the City Council of the City intends to finance the Project from proceeds derived from the sale of one or more series of Combination Tax and Revenue Certificates of Obligation issued by the City pursuant to Sections 271.041 - 271.063, Texas Local Government Code, as amended; and WHEREAS, pursuant to Section 271.049, Texas Local Government Code, the City Council deems it advisable to give notice of intention to issue certificates of obligation in an amount not to exceed an aggregate of $4,500, 000 for the purpose of paying, in whole or in part, the Project, to pay all or a portion of the legal, fiscal and engineering fees in connection with the Project, and to pay the costs of issuance related to the certificates of obligation; and WHEREAS, it is hereby officially found and determined that the meeting at which this resolution was passed was open to the public, and public notice of the time, place and purpose of said meeting was given, all as required by Chapter 551, Texas Government Code. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KENNEDALE, TEXAS: SECTION 1. APPROVAL OF NOTICE OF INTENTION Attached hereto is a form ofthe "Notice of Intention to Issue Combination Tax and Revenue Certificates of Obligation ", the form and substance of which is hereby adopted and approved. SECTION 2. AUTHORIZATION TO PUBLISH NOTICE OF INTENTION The City Secretary shall cause said notice to be published in substantially the form attached hereto in a newspaper of general circulation in said City, on the same day in each of two consecutive weeks, the date of the first publication thereof to be before the 30th day before the date tentatively set for the passage of the ordinance authorizing the issuance of such certificates of obligation as shown in said notice. The City Manager and the City Secretary are each authorized to make changes to said Notice as necessary prior to its publication. SECTION 3. INCORPORATION OF RECITALS The City Council hereby finds that the statements set forth in the recitals of this Resolution are true and correct, and the City Council hereby incorporates such recitals as a part of this Resolution. SECTION 4. EFFECTIVE DATE This Resolution shall become effective immediately upon passage. [The remainder of this page intentionally left blank] 2 PASSEDANDAPPROVED BYTHE CITYCOUNCIL OFTHE CITYOFKENNEDALE, TEXAS ON THE 10 ° i DAY OF JULY, 2008. City Secretary, City of Kennedale, Texas Mayor, City of Kennedale, Texas (SEAL) [SIGNATURE PAGE TO NOTICE OF INTENTION RESOLUTION] CITY OF KENNEDALE, TEXAS NOTICE OF INTENTION TO ISSUE COMBINATION TAX AND REVENUE CERTIFICATES OF OBLIGATION The City Council of the City of Kennedale, Texas (the "City ") does hereby give notice of intention to issue one or more series of City of Kennedale, Texas Combination Tax and Revenue Certificates of Obligation in the maximum aggregate principal amount not to exceed $4,500, 000 for the purpose of paying, in whole or in part, contractual obligations incurred to acquire right -of -ways and construct street, curb, and sidewalk improvements, together with utility relocation and drainage improvements incidental thereto. The City proposes to provide for the payment of such Certificates of Obligation from the levy and collection of ad valorem taxes in the City as provided by law and from a lien on and pledge of "Surplus Revenues ", if any, received by the City from the ownership and operation of the City's waterworks and sanitary sewer system. The City Council proposes to authorize the issuance of such Certificates of Obligation at 7:00 p.m. on Thursday, August 28, 2008, at a Special Meeting, at the City Hall, Kennedale, Texas. /s/ Bryan Lankhorst Mayor, City of Kennedale, Texas CITY OF KENNEDALE, TEXAS OFFICE OF THE CITY SECRETARY COUNCIL MEETING MINUTE SLIP DATE: July 10, 2008 REGULAR ITEMS: ITEM NUMBER: VII -f MOTION: COUNCIL MEMBERS MOTION SECOND AYE NAY ABSTAIN /ABSENT CLARK JOHNSON MILLER GREEN TURNER APPOINTED (PLACE 2) M S 4-q L ilk I Date: July 3, 2008 Agenda Item No: VII -f Subject: Review and consider action to appoint/re- appoint members to the Library Advisory Board. Originated by: Kathy Turner, City Secretary Summary: Attached for Council consideration is a current listing of the Library Advisory Board members and their attendance record, along with applications on file. Two regular positions (Places 2 and 4) and one alternate position (Place 6) are up for appointment /re- appointment. Place 2, held by Kay Hunn is now vacant, as Mrs. Hunn has requested to step down to spend more time with her family. Rebecca Clark, Place 4 has expressed an interest in serving another two -year term. Place 6 is vacant. Recommendation: re-appoint serve a two year term expiring July 2010, and review applications and appoint an applicant to serve in Place 2 as a regular member . appoint an alternate to Place 6, both to serve two-year expiring July 2010. STREET ADDRESS PLACE 6 VACANT 2010 (12/13/07) PLACE 7 George H. Barrett 613 Bluebonnet Ln. 2009 :j. -1,T A wtMVIT' 4vi 111 , 0 614 , l 1 SINE ALTERNATE VACANCY PLACE O YEAR TERM - 1 EXPIRE JULY 1 11, k. turner /li bra ryadvisoryboard /exl(updated 06/13/2008) est. 03112/98 -Ord. No. 149 7/3/2008 02/03) PLACE 1 Karalynn Greenfield 203 Caylebaite St. 2009 PLACE 2 Vacated - Kay Hunn 2010 (08/05) PLACE 3 Elaine Brower 607 Hillside Dr. 2009 (05/98) PLACE 4 Rebecca Clark 100 Meadowlake Ct. 2010 (06/01) PLACE 5 Sam Zoccali 1011 Colonial Ct. 2009 PLACE 6 VACANT 2010 (12/13/07) PLACE 7 George H. Barrett 613 Bluebonnet Ln. 2009 :j. -1,T A wtMVIT' 4vi 111 , 0 614 , l 1 SINE ALTERNATE VACANCY PLACE O YEAR TERM - 1 EXPIRE JULY 1 11, k. turner /li bra ryadvisoryboard /exl(updated 06/13/2008) est. 03112/98 -Ord. No. 149 7/3/2008 I C) —6 (c) (0 N co ® C) I , i 1 0 ? 1- � 1- 1 �9o�1Y�Y 1 CCS > E uin min �IYI � �il 11 oil IIIIII II��IA oil 011111111 m,,illi BI 0 1: - - - l' a_ CL 0 - D- a 0- 0- CCS > E uin 0 1: - - - l' a_ CL 0 - D- a 0- 0- uin �IYI � 11 II��IA m,,illi t Publ Kennedole June 27, 2008 Mrs, Kay Hunn 104 Meadowlake Court Kennedale, Texas 76060 Dear Kay, We wish to thank you for your dedicated service to this community while serving on the Kennedale Public Library Advisory Board. Your time and contributions have made a positive difference. This letter is to acknowledge your verbal resignation from the board in order to return to spending more time with your children. We wish you the very best in the pursuit of your personal goals and look forward to your continued patronage of the Kennedale Public Library. Sincerely, 4null-OA -) HO' 01 - 1�1-- a - Gwen Bevill Library Director Copy to: Kathy Turner, City Secretary, City of Kennedale 316 W. 3rd. Street ® Kennedale, Texas 76060 -2202 Phone (817) 478 -7876 ® Fax (817) 483 -0660 CITY OF KENNEDALE, TEXAS OFFICE OF THE CITY SECRETARY COUNCIL MEETING MINUTE SLIP DATE: July 10, 2008 REGULAR ITEMS: ITEM NUMBER: VII -g MOTION: COUNCIL MEMBERS MOTION SECOND AYE NAY ABSTAIN /ABSENT CLARK JOHNSON MILLER GREEN TURNER APPOINTED M S CITY SECRETARY'S FOLLOW UP: Date: July 2, 2008 Agenda Item No: VII -g Subject: Review and consider action to appoint an alternate to the Planning and Zoning Commission Originated y: Kathy Turner, City Secretary Summary: Currently the Planning and Zoning Commission has one alternate vacancy open, which is a one year term to expire in June 2009. Applications on file are attached for your review and consideration. Recommendation: Recommend Council reviews applications on file and appoint an applicant to serve as an alternate to the Planning and Zoning Commission for a one year term to expire in .Tune 2009. A • • • • , • CITY OF KENNEDALE PLANNING A { D ZONING fit 14 I £ '" &• Ty'*. I E MEMBERS TERMEXPIRES (7/01) David Hunn, Chairman 104 Meadowlake Ct. 2009 (07/13) Billy Simpson 5836 Eden Rd. 2009 (07/13) (04/12/07) Lori Bryan 605 Parkview Ct. 2010 (06/12/08) Frank Fernandez 911 Shady Vale 2010 (08/05) Ray Cowan 617 Averett Rd. 2009 (07/13/06) Ernest Harvey, V -Chair 604 Oak Leaf Dr. 2010 (07/12/07) Charles Overstreet 1256 Wendy Ct. 2010 ALTERNATES VACANT 2009 Lana Sather 1421 Bowman Springs Rd. 1 2010 One Alternate Vacancy - One Year Term Expiring June 2009 k.turner /pzmembers /exl(updated 06/13/2008) est. 1/14/65 -Ord. 65 -1 revised 5/13182 - Ord. 82 -4 7/3/2008 CITY OF KENNEDALE, TEXAS OFFICE OF THE CITY SECRETARY COUNCIL MEETING MINUTE SLIP DATE: July 10, 2008 REGULAR ITEMS: ITEM NUMBER: VII -h MOTION: COUNCIL MEMBERS MOTION SECOND AYE NAY ABSTAIN /ABSENT CLARK JOHNSON MILLER GREEN TURNER APPOINTED S APPOINTED M S CITY SECRETARY'S FOLLOW UP: - M o Or X E II I n u Date: July 2, 2008 Subject: Review and consider action to appoint an Alternate to the Board of Adjustment. Originated y: Kathy Turner, City Secretary Summary: Currently the Board of Adjustment has one alternate vacancy open, ,which is a two year term to expire in June 2010. Applications on file are attached for your review and consideration. Recommendation: Recommend Council reviews applications on file and appoint an applicant to serve as an Alternate to the Board of Adjustment for a two year term to expire ,Tune 2010. (04/04) 2009 (07/13/06) Richard West Brian Cassady 703 Shady Creek (07/12/07) Donnie Graham 2009 (06/04) VACANT 2010 Rick Adams Chairman 909 N. Little School Rd. 2010 (03/06) Linda Elam 349 Kennedale Sublett Rd. 2010 (08/05) Patrick Vader 801 Pennsylvania Ave. 2009 (08/05)(06/12/08) Chervl Abbott 330 Little School Rd. 2010 VACANT 2009 (07/13/06) Richard West 404 Steeplechase Tr. 2010 (07/12/07) Donnie Graham 807 Shady Creek 2009 VACANT 2010 k.turner /boamembers /exl(updated 06/13/2008) est. 3/8/90 - Ord. No. 90 -3 7/3/2008 CITY OF KENNEDALE, TEXAS OFFICE OF THE CITY SECRETARY COUNCIL MEETING MINUTE SLIP DATE: July 10, 2008 REGULAR ITEMS: ITEM NUMBER: VII -i MOTION: COUNCIL MEMBERS MOTION SECOND AYE I NAY ABSTAIN /ABSENT CLARK JOHNSON MILLER GREEN TURNER ORDINANCE/RESOLUTION NO. CONTRACT /AGREEMENT NO. FOLLOW UP: 0 FAILED CITY SECRETARY'S FOLLOW UP: ,: Date: July 3, 2008 Subject: Review and consider action to approve Ordinance No. 405 amending Chapter 15, Article V, of the Kennedale City Code (1991), as amended, to provide for a sound mitigation plan for businesses and on -going activities. Originated by: Bob Hart, City Manager Summary: During preparation of the current operating budget, the council and staff discussed the need to resolve those issues that influence the development of Kennedale. Foremost among these issues is developing an equitable solution to the sound generated by the three racetracks — Kennedale Speedway, Cowtown Speedway, and Texas Raceway and the citizens of Kennedale. The Chamber of Commerce Board of Directors, during their fall 2007 strategic planning session identified the same issue. Subsequently the Chamber formed a committee with the city to explore potential solutions to the sound levels experienced in Kennedale neighborhoods arising from the three racetracks. The committee is composed of Jerry Miller, Clint Burgess, Rebecca Mowell, Darrell Erwin, Pat Doescher, and Bob Hart. The committee has been meeting since January and during that time has met with the racetrack operators and /or owners, engaged a consultant for assistance, and recorded sound levels at the tracks. The Committee recommends the attached ordinance be adopted that would essentially require the development of and implementation of a sound mitigation plan. Specifically, the existing noise ordinance would be amended to restrict the sound levels to seventy (70) decibels after 10:00 PM daily, except that that the limit would increase to eight -five (85) decibels until 12:00 midnight on Friday and Saturday nights (consistent with the current ordinance) IF a sound mitigation plan is prepared, submitted, and approved. The sound mitigation plan would be designed to reduce the noise levels at the property line to at or below the eight -five (85) decibel level. The ordinance would take effect following the second publication in the Kennedale News or July 26. *'ecommendation: Recommend Council approves Ordinance No. 405, amending Chapter 15, Article V, of the Kennedale City Code (1991), as amended, to provide for a sound mitigation plan for businesses and on-going Summary of the Committee Activities and Recommendations: The racetrack planning committee has met over the past six months, engaged a consultant, (Ron Colson) and met with various community groups in order to arrive at the following series of findings and recommendations: = M _ —• _ • "Iffiell After a lengthy discussion, the council decided to adopt a plan whereby all businesses would be treated the same and no special provisions would be made for the racetracks. The decision was to start nighttime noise restrictions at 10:00 p.m. on Sunday through Thursday and midnight on Friday and Saturday. There would be no noise limitations during the daytime periods, but after 10:00 p,m. and 12:00 a.m., the maximum noise decibel level would be 70. f4scomfort, annoyance, or injury. On the other hand, a business can also 2pply for permit to exceed the decibel • event. Texas In July 2004 the council met regarding several pending citations against - for • violations, • Miller indicated that he had theoretically received direction from the city council to dismiss the citations subject t* an agreement by Texas Raceway to plant 6" caliper trees, which • help dissipate the noise. In August, 2004, David Miller met with the Council about the three tickets that were issued against Texas Raceway for violation of the City's noise ordinance and was directed to reach an agreement to dismiss these tickets in exchange for Texas Raceway's planting of six inch caliper trees to muffle the noise. After a discussion, the Council unanimously said they did not think it was appropriate to revise the ordinance in any way or to dismiss the tickets. Instead, they thought Texas Raceway ought to do as the other two raceways have done and put mufflers on their vehicles, which apparently is possible on all the vehicles except the "Pro - Dods ". In the end, the Council decided to leave the ordinance as it is, tell Texas Raceway to put mufflers on and hoped the noise complaints would stop. The council did not want the tickets dismissed. i •- There exists a small, but very vocal minority that have expressed concerns in regard to sounds of the motor sports facilities. This group also expressed concerns about the sound of trains, car stereos, and the school sports fields. While small in number the concerned citizens are universally intelligent, educated, affluent, and influential. Certainly, they need to be heard, and to the extent that practical solutions exist, their concerns need to be addressed. Steps identified in this action plan will involve the Kennedale Chamber of Commerce; City of Kennedale 's City Manager, Economic Development Director, and Fire Department; and all three motor sports facilities. The Chamber of Commerce has established a committee in close cooperation with the City of Kennedale to seek the best possible course of action. This committee is comprised of a cross section of the community that has the insight, knowledge, and skills to guide the many components of this action plan into the future. Suggested changes in the Sound Level Standards for Motors ports Events should be established by ordinance. Maintain a record of original Sound Mitigation Plans from each of the motor sports facilities. Each facility will be required to file an annual progress report on: ® 2009 Report -No later than February 1,2010 ® 2010 Report -No later than February 1,2011 2011 Report - No later than February 1,2012 Late filing penalties of $201 day will begin to accrue on February 2 of each year the report is required. Issue and maintain record of the permits, maximum 3 annually per facility, for extension of curfew to 1:00 AM. Per Kennedale Ordinance permits must be requested 10 days prior to the event. In case of rainout the City Manager may establish a transfer of the permit to a rain date. Curfew violations of either the regular or extended curfew, measured separately each calendar year, will result in $300 fine for 1 St offense, $600 2 nd offense, $900 3rd offense, etc. Department Fire Work with the motor sports facilities to establish: 4" 111MR 1111,115 • - —. •:. — — — r • • — �. iiiiii - •- — —.•: —. . • f • • • • • • cause material distress, discomfort, annoyance or injury to persons of ordinary sensibilities and, therefore, constitute a nuisance per se; and WHEREAS, as authorized by Section 217.042 of the Texas Local Government Code, the City desires to prohibit noise nuisances within the city's corporate limits and within 5,000 feet thereof; and W HEREAS, the City has determined that businesses and activities. which create an on -going noise concern may implement sound mitigation devices in order to limit the _43 0 T1W R1 r fdOlsE oRDINANC� - - PAGE 1 MiKennedale\ORDINANONolse -Sound Mitigation Plan Amend - 6,3.08.wpd (11104198) — o • � • - s — .. ,. .- :, a ,: - . ' - �. t FYSiSiGPf# Any noise within the city's corporate limits or within five thousand (5,000) feet thereof that exceeds the following noise levels, as measured at any point along the property line of the site generating the noise, is declared to be an unreasonably loud or disturbing noise and a nuisance and shall be deemed a violation of this article: (1) Any offense as set forth in V.T.C.A., Penal Code § 42.01(a)(5) and Nol ORDINANCE PAGE 2 W.Wennedale\ORDINANONoise - Sound Mitigation Plan Amend - 6.3.08.wpd (11/04/98) `.; ;fib' ' Tw o i This ordinance shall be cumulative of all provisions of ordinances and of the with the provisions of such ordinances and such Code, in which event the conflicting fi: IT W �XTJI 'Z LODI; NOISE ORDINANCE PAGE 4 W: 1Kennedala\OROINANC1Noise -Sound Mitigation Plan Amend - 6.3.08.wpd (11104198) r. • — • .,:, r - - • — — is is y ' •- 1111 - —� s - — •. • • •, Fill 1 1 1 1 1 111 1 I 1 ITIFIII ill IFIT I! I that a violation is permitted to exist shall constitute a separate offense. NOISE ORDINANCE PACE 6 WAKennedale\ORDINANCWoise - Sound Mitigation Plan Amend - 6.3,08,wpd (17/04/88) i Pil 111111pill ;1111 111 1 111111 !!!1111 111 • - • : • ^ • - I N11 1 1771 111M - • j - • �:- • • • the City of Kennedale. SECTION 9. • TOWIMMI • _ OOM 61 _ • PASSED AND APPROVED ON THIS DAY OF % 2008. j • rg F il l 17 - l EFFECTIVE: IdAISE ORDINANCE PAGE 6 W: Kennedale \0RDINANCWoise - Sound Mitigation Plan Amend - 6.3,08.wpd (11 /04/98) 0 off"qN RSAAAFDA Applicant Please Complete Items 1 -13 1. OWNER OF PROPERTY 2. BUSINESSS NAME Address State Zip 5. CONTACT INFORMATION YES. NO - 7. NATURE OF NOISE/TYPES OF VEHICLES TO BE RACED a •; • • Permit No. 9. # OF RACES TO BE CONDUCTED BETWEEN 12AM TO 1 AM ., . 11. TIME BETWEEN RACES 12. EXPECTED RANGE AND DECIBEL LEVEL I hereby certify by my signature below that: 1) 1 have read Article V, Sec. 15 -151 to 15 -157 of the Kennedale Code of Ordinances and agree to abide by all laws therein, 2) 1 have read and examined this application and know the same to be true and correct. Signature Date NOTE: •PERMIT ALLOWS FOR AN EXTENSION TILL 1 AM ®A LIMIT OF THREE (3) PERMITS A YEAR WILL BE ALLOWED L 405 MUNICIPAL DRIVE PHONE: 817.478.5418 NNEDALE, TX 76060 www.cityofkennedate.com FAX: 817.483.0720 I b) Application for permit. The application for a permit must: 1) List the name, address, and daytime telephone number of the applicant; 2) Specifically describe the type and duration of the noise, and the date and times the noise will occur; 3) Specifically describe the reason for the noise level, the location of the noise, and the expected range and decibel level of the noise; and 4) Contain, if different from the applicant, the name of the owner of the property on which the noise will occur and a written letter of permission from the owner and any tenants or other persons occupying the property from which the noise will occur. c) Filing fee. A filing fee must be submitted with the application for a permit, in an amount prescribed in a fee schedule adopted by the city council. d) Grounds for granting or denying permit. In determining whether to grant or deny the permit, the following factors shall be considered: 1) The safety of the persons who will be subjected to the noise, whether voluntarily or involuntarily; 2) The number of persons that will be involuntarily subjected to the noise; 3) The probable amount of distress, discomfort, annoyance or injury to persons that will be involuntarily subjected to the noise; 4) The reasonableness of the time, place, and manner of the noise and the duration of the noise; and 5) Any other factors necessary to determine the impact on the public health and safety and the disiuption of the peace that the noise may cause. e) Notice of the decision regarding permit. At least five (5) calendar days before the date and time that the applicant requested issuance of the permit, the applicant shall be notified at the applicant's daytime telephone number and by regular U.S. mail of the decision either to grant or deny the permit. If the permit is denied, the reasons for the denial shall be stated in the notice to the applicant. If the permit is granted, reasonable time, place, and manner restrictions may be placed on the activity authorized by the permit. f) Appeal. Upon receiving notice of permit denial, the applicant may appeal the decision, including restrictions placed on the activity authorized by the permit, to the city manager or his designee. Within one (1) working day of receiving the appeal, the city manager shall consider the application, the basis of denial, or any restrictions placed on issuance of the permit. Based on the standards in subsection (d) above, the city manager may uphold the decision to deny the permit, approve issuance of the permit as applied for, or modify restrictions placed on the permit. The city manager shall notify the applicant at the applicant's daytime telephone number and by regular U.S. mail of the final decision. g) Permit. The permit shall specify at least the following: 1) The date and time that the permit shall begin and end; 2) The location from which the noise may emanate and the maximum boundaries to which the noise may extend; 3) The maximum decibel level and Leq level allowed at the location of the noise; 4) A description of the basic nature of the noise; and 5) Who may make the noise. h) Must display permit. Upon receiving a permit, the applicant must display the permit in clear view at the location of the noise at all times during the commission of the noise. `Ord. No. 205, § 1, 10- 26 -00) 405 MUNICIPAL DRIVE PHONE: 817.478.5418 KENN TX 7 6060 www.cityofkennedal.e.com FAX: 817.483.0720 5) The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine, motor vehicle, motorcycle, or boat engine except through a muffler or other device which will effectively prevent loud or explosive noises therefrom. 6) The operation of any motorized vehicle off of a public right -of -way in a manner, whether by revving, racing, or running the engine in any other manner, that creates any unreasonably loud or harsh noise. (Ord. No. 205, § 1, 10- 26 -00) Sec. 15 -155. Nuisance during certain times. In addition to the prohibitions set forth in sections 15 -153 and 15 -154, the following acts, among others, are deemed to be nuisances that are prohibited by this chapter during the times listed: 1) The playing of any radio, audio equipment or other musical instrument between the hours of 10:00 p.m. and 7:00 a.m. in such manner or with such volume as to annoy or disturb the quiet, comfort, or repose of persons of ordinary sensibilities in any dwelling. 2) The erection, including excavation, demolition, alteration or repair work on any building, structure or site which is within one hundred (100) feet of any dwelling between the hours of 6:00 p.m. and 7:00 a.m. on weekdays, except in case of urgent necessity in the interest of public safety and convenience, and then only by permit issued under section 15 -157. 3) The creation of any excessive noise on any street adjacent to any school, institution of learning, or church while the same is in session or adjacent to any hospital, which unreasonably interferes with the workings of such institutions, provided conspicuous signs are displayed in such manner indicating that the same is a school, church or hospital area. 4) The parking or standing of any engine or motor, whether attached to a vehicle, trailer, or otherwise, left in operation for a period exceeding one (1) hour between the hours of 10:00 p.m. and 7:00 a.m., within a distance of two hundred (200) feet fiom any dwelling. (Ord. No. 205, § 1, 10- 26 -00) See. 15 -156. Exceptions. The following shall be an exception to this article and shall not be deemed a nuisance: 1) The sounding of any emergency signal by an authorized public official; 2) The sounding of any horn or signal device on any emergency vehicle in the performance of duty; 3) The operation of any heavy equipment or machinery (whether independent or attached to a motor vehicle) for the purpose of making an emergency repair requested or authorized by a public official; 4) Motor carriers engaged in interstate commerce and subject to regulation by Title 42, Section 4917, of the United States Code; or 5) A noise created by a person that holds a permit as provided in section 15 -157 to engage in any activity that would otherwise be deemed a nuisance. (Ord. No. 205, § 1, 10- 26 -00) See. 15 -157. Permit. a) Deadline to apply for permit. To apply for a permit to engage in any activity that creates a noise that would qualify as a nuisance under this section, a person must apply in writing to the permit office at least ten (10) calendar days prior to the requested issuance date and time, unless unforeseeable circumstances justify a shorter amount of time. 405 MUNICIPAL DRIVE PHONE: 817.478.5418 KENNEDALE, TX 76060 www,ciryofkennedale.com FAX: 817.483.0720 U Sec. 15 -151. Definitions. The following definitions shall apply in this article, unless otherwise indicated: A- weighted sound level means the sound pressure level in decibels as measured on a sound level meter using the A- weighing network. The level so read is designated dB(A) or dBA. Decibel (dB) means a unit for measuring the volume of a sound, equal to twenty (20) times the logarithm to the base ten (10) of the ratio of the pressure of the sound measured to the reference pressure, which is twenty (20) micropascals (twenty (20) micronewtons per square meter). Dwelling means any residence, hotel, or other similarly occupied structure other than the dwelling of the person responsible for or causing the noise. Equivalent sound pressure level (Leq) means the level of an equivalent sound which would have the same total energy as the time varying sound being evaluated and which can be measured by special sound level meters. (Ord. No. 205, § 1, 10- 26 -00) See. 15-152. Noise nuisances prohibited. It shall be unlawful for any person to make, cause, or allow to be made within the corporate limits of the city or within five thousand (5,000) feet thereof, any nuisance as described in this article or any other unreasonably loud or disturbing noise that is offensive to the ordinary sensibilities of the inhabitants of the city, renders the enjoyment of life or property uncomfortable, or interferes with public peace and comfort. )rd. No. 205, § 1, 10- 26 -00) Sec. 15 -153. Nuisance if noise exceeds permitted level. Any noise within the city's corporate limits or within five thousand (5,000) feet thereof that exceeds the following noise levels, as measured at any point along the property line of the site generating the noise, is declared to be an unreasonably loud or disturbing noise and a nuisance and shall be deemed a violation of this chapter: 1) Any offense as set forth in V.T.C.A., Penal Code § 42.01(a)(5) and (c)(2). 2) Any single event maximum sound disturbance in excess of seventy (70) decibels created by any business, activity or use between the hours of 10 :00 p.m. on Sunday, Monday, Tuesday, Wednesday, or Thursday and 7:00 a.m. the following day. 3) Any single event maximum sound disturbance in excess of seventy (70) decibels created by any business, activity or use between the hours of twelve a.m, (midnight) on Friday or Saturday night and 7:00 a.m. the following day. (Ord. No. 205, § 1, 10- 26 -00) Sec. 15 -154. Nuisance if causes distress, discomfort, annoyance, or injury. In addition to the prohibitions set forth in sections 15 -153 and 15 -155, the following acts, when conducted in such a manner or with such volume, intensity or duration as to cause material distress, discomfort, annoyance or injury to persons of ordinary sensibilities within the immediate vicinity or residing or working on adjacent properties are declared to be nuisances in violation of this chapter; but said enumeration shall not be deemed to be exclusive: 1) The use of any loudspeaker or amplifier. 2) The keeping of any animal or bird which creates frequent or long - continued noise. 3) The continued or frequent sounding of any horn or signal device on any automobile, motorcycle, bus, or other vehicle except as a danger or warning signal, or the creation by means of any such horn or signal device of any unreasonably loud or harsh noise for any unnecessary and unreasonable period of time. 1) The running of any automobile, motorcycle, or vehicle so out of repair, so loaded or in such condition as to create loud or unnecessary grating, grinding, jarring, banging, or rattling noise or vibrations. 405 MUNICIPAL DRIVE PHONE: 817.478.5418 KENN E D ALE, TX 76060 www.cityofken FAX: 817,483.0720 11 To: Bob Hart, City Manager From: • Police -. Race Track Sound ' -.• • 1:26 pm — Race Car @ 66 db(A) from PD 7 1:35 pm — Sprint Cars @ 104 db(A) from PD 6 (Note: Per the owner, these are the loudest cars that run. They have smaller engines, higher RPMs, and no mufflers) 1:55 pm — Race Cars @ 84 db(A) from PD 5 Below is a table that provides a side -by -side comparison of the three day totals for Kennedale Speedway. Friday (Kennedale Speedway): 6:45 Maintenance Tractor from • pulling race car on entry • . • • db(A) • D ..- • • • Speaker • • •... db(A) o D a" -.. (Nqrth Wind) Wind) Friday (Kennedale Speedway): 6:45 Maintenance Tractor from • pulling race car on entry • . • • db(A) • D ..- • • • Speaker • • •... db(A) o D a" -.. Welft "IMAUT 1 - ` r+ ` - • + I ffm of did take readings from the front fence of the track at that end of the track. The reading for the go karts (which use a motorcycle engine) was 65 db (A). The modified cars (with mufflers) read 84 db (A) and the sprint cars were at 95 db (A). One important note is that we received no calls until the sprint cars began to run. As soon as they began their laps a call came in from Oak Ridge Drive. The sound reading obtained by Sgt. Kelley during the sprint car race was 72 db (A) while on Oak Ridge Drive. While on Oak Ridge Sgt. Kelley spoke with Councilman John Clark about the complaint. It appears that one of the real problems with the track noise relates to these sprint cars, which are not mufflered. Any sound mitigation plan will need to address this sprint car issue, either through mufflering the noise or possibly banning them outright. Since e drag strip has not started their - at _ it i i to issu know how they impact this b the i s a l arge -. Mod meet Frid aff night. We will get some readings from that as well to see how that track's noise issues - surrounding i �� n -"M - o lelieve there are two factors that influence this. 2. The second factor in this equation is that a drag race lasts for 4 to 8 seconds on the loudest vehicles. There is a burst of sound for the few seconds and then a quiet period that lasts for approximately 90 seconds before the next race. There isn't a sustained amount of noise such as we get form the dirt tracks as cars will run in heats that last several minutes while they do multiple laps around the track. Unless you have any further research you need, this should conclude the readings that you wanted. I will have the patrol personnel continue to monitor the sound levels. 0 `114 . . . . . . . . . . (Q� m all C o nto 1 � e C:) -e. ■ > »» -!� & :£ ,,. . - 2■■| T, a■■ Har Ci Manag From T o m m y ? w. > Po lice . ,: '- Sound Read On 0 008 t he Te xa: Rac ■r_■ s held - - Pro 2■■ meet of t he year. These race c ar s ar lar d - engine s w ith ., m uffler system , ° any t ype . N ,z t he d t rac k s ope hw ■ : ■ t he re ad i ngs t aken a ^, ©._ :'_ »_.,n You will notice th there are noreadings f ken from the track property. This is duel the f c that the owned decided after Friday's meeting with the race committee that R wouldn't be in their ® bey interest" to allow readings from track side. Based on their comments f e 6 51 a Certain amount O mistru that probably goes back to events that happened with another track in North Richland HIS There Was no time to obtain an admh search warrant to go onto the property and, after the readings obtained, it probably wasn't needed. Thetable below indicates th eresults O the re ading5 ■» ■Vehic Type - t » ■■ .■, " < » ■ ®< � New - , ■ - ® ■_■ '■* ' <4■ !f e, E §�\. ®'� ®�• ' M11111111119 ' l Open ea• ew Hope R oad ( — Gene r al Traffic <» New op Road - North of PD \ % Lin da La }� » K *: ■� » * 4 ?, « #t Sonora ®_© »4 n_ #! Channel »# d■# »: f! As can the . v exceed even .: � :.,� <�� <!- cif Pro Mod & <t ca `_�� ��a# �,a� state 85 #■ f 4-## a the - tr ack p . T Stock and Pro S classes were righ at o below the |° s Stock c_© a o ther c be even th 3 0 #a st andard ■ ordina These classes a ge s tr ee t leg & h f exh aust systems ■ t h em. 7■ : » «> # °* * <» ^ !z #Zk■ ■ �. . . . �. « <- 2«? ;d I <# «w,l « . ■���2° Kennedale Date Time Location db(A) Notes 4/1212008 8:52 PM Rig Road 181 Sprints South Wind 9:00 PM 87 Stock Cars 9:04 PM 93 9:14 PM 98 4/19/2008 7:23 PM Rig Road 82 South Wind 7:28 PM 81 7:34 PM 86 Modifieds 7:38 PM 84 Stocks 7:54 PM 85 Modifieds 8:00 PM 86 Modifieds 8:12 PM 84 Stocks 8:17 PM 86 Stocks 4126/2008 7:25 PM Rig Road 86 Modifieds North Wind 7:31 PM 83 Stock 7:38 PM 91 Modifieds 10:04 PM 85 Outlaw 5/3/2008 9:18 PM Rig Road 97 Modifieds No Wind 10:00 PM 89 Mini- Sprints 10:08 PM 99 Modifieds 10:42 PM 88 Stock 10:50 PM 91 Modifieds a Date Time Location db(A) Notes 4/12/2008 9:31 PM Rig Road 98 South Wind 9:48 PM 96 Minis 9:58 PM 90 Stocks 10:08 PM 91 4/19/2008 8:27 PM Rig Road 86 Modifieds South Wind 8:35 PM 78 Stocks 8:42 PM 84 Modifieds 8:55 PM 95 Sprints 4/26/2008 10:12 PM Rig Road 92 Modifieds North Wind 10 ;34 PM 80 Stock 10:50 PM 85 Modifieds 10:54 PM 85 Stocks 5/3/2008 8:14 PM Rig Road 84 Stock 8:18 PM 90 Modifieds 8:28 PM 91 Modifieds 8:35 PM 89 Modifieds 9:10 PM 89 Stock v e 4/11/2008 19 PM ',S d 9 :22 PM . ■ • , . . ■ .. 9 ■ • / ■ -® - FAMM -�� ACIMUITI ..- 7:3 P M 7:38 PM .. .0 • 7:41 PM 7:43 PM 7:45 PM m om = WAVEM U= • -REM= Location New Hope Roa Main Gate SAA SAA SAA SAA SAA SAA SAA SAA Hope Road@ North Property Line SAA SAA SAA Jonah Road New Hope Road @ Main Gate Location Road @ Main Gate New Hope Road (a)- Main Gate : m s m m m m 78 89 88 92 90 91 88 91 87 97 96 93 80 86 82 7 2 70 76 76 m : m m =11hreri • - Notes Bracket Cars "I omen OTPROMMUTI Date Time Location d() Notes 7:35 PM 79 7:51 PM 76 8:00 PM Jonah Road 54 8:01 PM 56 8:04 PM 53 8:06 PM 59 8:07 PM 56 5/2/2008 7:10 PM Jonah Road 55 No Wind 7:12 PM 67 7:14 PM 55 7:15 PM 57 7:34 PM New Hope Road and Main Gate 98 7:39 PM 78 7:40 PM 97 7:41 PM 91 7:42 PM 85 7:46 PM New Hope Road @ Turf Masters 84 7:47 PM 80 7 :48 PM 73 7:49 PM 88 7:51 PM 77 5/3/2008 7:30 PM New Hope Road @ Main Gate 63 M/C No Wind 7:32 PM 72 M/C 7:33 PM 62 M/C 7:34 PM 71 M/C 7:37 PM 62 M/C 5/9/2008 7:05 PM Jonah Road 66 Modifieds South Wind 7:07 PM 63 Modifieds 7:09 PM 62 Modifieds 7:11 PM 67 Modifieds 7:13 PM 63 Modifieds 7:24 PM 7:26 PM 7:27 PM New Hope Road @ Main Gate 88 91 83 7:28 PM 86 7:29 PM 88 7:31 PM New Hope Road @ Turf Masters 72 Pro Stock 7:33 PM 72 Pro Stock 7:35 PM 66 Pro Stock 7:36 PM 74 Pro Stock 7:37 PM 81 Modified WHEREAS, the City of Kennedale 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 Texas Local Government Code; and WHEREAS, the City has determined that unreasonably loud or disturbing noises cause material distress, discomfort, annoyance or injury to persons of ordinary sensibilities and, therefore, constitute a nuisance per se; and WHEREAS, as authorized by Section 217.042 of the Texas Local Government 1 Code, the City desires to prohibit noise nuisances within the city's corporate limits and within 5,000 feet thereof; and WHEREAS, the City has determined that businesses and activities which create an on -going noise concern may implement sound mitigation devices in order to limit the concerns and protect the citizens of the City of Kennedale. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF Section15 -151 of the Kennedale City Code is hereby amended by adding the following definition: "On -going activities means activities that occur on a regular or frequent basis. This definition includes permanent facilities that host activities and events. On -going NOISE ORDINANCE PAGE 1 WAKennedale \ORDINANC \Noise - Sound Mitigation Plan Amend.wpd (07/09108) activities do not include one -time events or annual activities that may receive permits pursuant to Section 15 -157 of this Chapter." �10 ULFJ Section 15 -153 of the Kennedale City Code is hereby amended to read as follows: "Sec. 15-153. Nuisance if noise exceeds permitted level. Any noise within the city's corporate limits or within five thousand (5,000) feet thereof that exceeds the following noise levels, as measured at any point along the property line of the site generating the noise, is declared to be an unreasonably loud or disturbing noise and a nuisance and shall be deemed a violation of this article: (1) Any offense as set forth in V.T.C.A., Penal Code § 42.01(a)(5) and (2) Except for as provided in subsection (3) below, any single event maximum sound disturbance in excess of seventy (70) decibels created by any business, activity or use between the hours of 1 p.m. and 7:00 a.m. the following day. (3) On property which is compliance with a sound mitigation plan approved under Section 15 -158, any single event maximum sound disturbance in excess of seventy (70) decibels created by any business, activity or use between the hours of 10:00 p.m. on Sunday, Monday, Tuesday, Wednesday, or Thursday and 7:00 a.m. the following day and between the hours of twelve a.m. (midnight) on Friday or Saturday night and 7:00 a.m. the following day." Rfmwe1zm Chapter 15, Article V, of the Kennedale City Code is hereby amended by adding a new Section 15 -158 to read as follows: 5 a NOISE ORDINANCE PAGE 2 WAKennedale \0RDINANC \Noise - Sound Mitigation Plan Amend.wpd (07/09/08) (a) All businesses or on -going activities may submit a sound mitigation plan to the city manager for approval. The sound mitigation plan shall include: (1) Acceptable sound barriers, which include, but are not limited to the following: (i) trees, shrubs and other vegetation; (ii) earthen berms; (iii) fencing; (iv) sound blankets; (v) mufflers; (vi) walls or similar structures; and /or (vii) any other improvements or modifications designed to dampen excessive noise. (2) Projected date of completion or implementation of sound mitigation plan; and (3) Future decibel level at property line, after completion or implementation of sound mitigation plan. (b) Decibel level at the property line, after implementation of the sound mitigation plan may not exceed eighty -five (85) decibels. (c) A sound mitigation plan must be implemented within a reasonable time, as agreed upon by the city manager and the entity or person submitting the sound mitigation plan. Construction or development of the acceptable sound barriers must begin within thirty (30) days of approval of the sound mitigation plan and shall be completed within a reasonable period of time. No plan shall NOISE ORDINANCE PAGE 3 WAKennedale \ORDINANC \Noise - Sound Mitigation Plan Amend.wpd (07/09/08) require more than three years for implementation. Failure to begin construction or development of the acceptable sound barriers will void the sound mitigation plan." SECTION 4. CUMULATIVE This ordinance shall be cumulative of all provisions of ordinances and of the Kennedale City Code, except when the provisions of this ordinance are in direct conflict with the provisions of such ordinances and such Code, in which event the conflicting provisions of such ordinances and such Code are hereby repealed. SECTION 5. SEVERABLE 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. All rights and remedies of the City of Kennedale are expressly saved as to any and all violations of the provisions of the Kennedale City Code or any other ordinances which 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, 1 3 NOISE ORDINANCE PAGE 4 WAKennedale \0RDINANC \Noise - Sound Mitigation Plan Amend.wpd (07109108) under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. am 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 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 8. PUBLICATION 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 9. EFFECTIVE DATE This ordinance shall be in full force and effect from and after its passage and publication and it is so ordained. PASSED AND APPROVED ON OF 1 1 ATTEST: CITY SECRETARY NOISE ORDINANCE PAGE 5 W:\Kennedale \ORDINANC \Noise - Sound Mitigation Plan Amend.wpd (07/09/08) EFFECTIVE: APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY NOISE ORDINANCE PAGE 6 WAKennedale \0RDINANC \Noise - Sound Mitigation Plan Amend.wpd (07/09/08) MMTA� M� To the Honorable Mayor and City Council Date: July 2, 2008 Agenda Item No: VIII Subject: Executive Session 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 and regulation of sexually oriented businesses. 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 following: 1. Expansion of Sonora Park 2. Oak Crest Properties Recommendation: • • • T • CITY OF KENNEDALE, TEXAS OFFICE OF THE CITY SECRETARY COUNCIL MEETING MINUTE SLIP DATE: July 10, 2008 io-, 40 , REGULAR ITEMS: ITEM NUMBER: IX -a MOTION: COUNCIL MEMBERS MOTIO SECOND AYE NAY ABSTAIN /ABSENT CLARK JOHNSON MILLER GREEN TURNER ORDINANCE/RESOLUTION NO. 254 CARRIED -? V CONTRACT /AGREEMENT NO FOLLOW UP: CITY SECRETARY'S FOLLOW UP: Jam, 0-bt� FAILED od I b " 5 2- f),-- All 14 l Date: July 2, 2008 Agenda Item No: IX Subject: Reconvene into open session, and take action necessary pursuant to executive session, if necessary. Originated by: Kathy Turner, City Secretary Summary: a. Review and consider action to approve Resolution No, 254 authorizing the city attorney to pursue legal action to obtain access to property for purposes of surveying, appraising the value and suitability of, and acquiring property for the expansion of Sonora Park. Recommendation: Disposition by Council: WHEREAS, the City of Kennedale has applied for grant monies for the improvement and /or expansion of Sonora Park for the benefit of the citizens of the City of Kennedale; and WHEREAS, the City has identified certain properties that might be suitable for purchase for the expansion of Sonora Park; and WHEREAS, it is necessary for the City to make a good faith offer to purchase property before it may proceed to acquire property through eminent domain proceedings; and WHEREAS, it is necessary for the City to obtain a survey and appraisal of property to collect information to formulate a good faith offer to purchase property; and WHEREAS, property owners Discovery Ranch, Inc. and C D Fincher have denied the City access to their respective properties for the purposes of surveying, appraising, and examining the property to determine the extent to which it may be suitable for the expansion of Sonora Park in the City of Kennedale; and WHEREAS, the city council now deems it necessary to authorize the City Attorney to bring a civil action for the purpose of obtaining a court order permitting the City to enter property owned by Discovery Ranch, Inc. and C D Fincher to conduct a survey, perform an appraisal, and determine the suitable nature of certain property for the expansion of Sonora Park in the City of Kennedale. • & 1111 1 The city attorney is hereby authorized to bring a civil action for the purpose of obtaining a court order permitting the City to enter property owned by Discovery Ranch, Inc. and C D Fincher to conduct a survey, perform an appraisal, and determine the suitable nature of certain property for the expansion of Sonora Park in the City of Kennedale. PASSED, APPROVED and EFFECTIVE this 10 day of July, 2008. Mayor, City of Kennedale Page 1 City Secretary Page 2 The City of Kennedale r p WOMI MUM July 2008 Presented by The School of Urban Affairs University of Texas at Arlington Professors Jim Kunde and David Tees Contents • Summary of previous UT- Arlington work • Inter board discussions • Process Concerns • Issues • Dangers • Texas City Experience • The Plan • Recommended Timeline Appendices • City Council / Chamber of Commerce • Parks and Recreation / Library • City Staff • Economic Development / Planning and Zoning FA 3 3 4 5 5 6 9 10 10 11 12 15 1 Summary of Previous UT- Arlington Work* In early 2007, the City of Kennedale hired Bob Hart, one of the most outstanding professionals in the field, to be their new city manager. Bob Hart approached the Dean and several professors at the School of Urban and Public Affairs (SUPA) at UT- Arlington to assist the city in researching several new action initiatives. SUPA accepted the offer in a series of classes designed to work with the City of Kennedale. Professor James Kunde's class on communication assisted by Dean Richard Cole designed a Water Bill Citizen Survey that could be sent out and tested for citizen interests and concerns. Concurrently Professor Sherman Wyman utilized his economic development class to interview community business leaders and employed the results to guide the creation and deliberation of Kennedale's Industry Council. After receiving the results of the general survey, sent through the water bill, the Communications Class conducted five focus groups. The class was trained beforehand on how to facilitate and analyze focus groups. They produced five summary reports. It is worthwhile to review each report separately for their specific insights into clues as to how future initiatives should be shaped. Taken as a whole there are three distinct conclusions one can draw on from the group interactions. First, the race track is a strongly perceived community asset that can be built upon to strengthen community image and build enthusiasm for related development. It was expected that the racetrack and the noise associated with it would be very controversial. Secondly, there is clear opportunity to move aggressively toward a more green community through starting a recycling image rather than simply trying to get rid of things like salvage yards. Of course, there is support to clean up pollution causing elements in the yards, but there is a clear feeling that the yards don't have to be all negative. Third there is a real interest in establishing a vibrant town center, a la Granbury or Southlake, with an entrance way along 287 with amenities such as medians, street lighting and family type restaurants. A hardware store was a definite "want ", but there was not a clear consensus on what the hardware store should be, i.e. having a big box store like Home Depot or Lowes, or a locally owned store. There are many other possibilities as noted by the students, but, clearly the strong turnout and enthusiasm demonstrated by the focus group participants indicated that Kennedale is ready to move forward. In Sherman Wyman's economic development class the students conducted 17 interviews throughout Kennedale. It was the first step in fostering a working relationship between the city and local industry representatives. The second step was the process to bring business leaders together as an Industry 2 The results were taken from "Citizen Input Regarding Strategic Issues for The City of Kennedale" presented by the School of Urb an an d P Affairs in Decemb 2007. Council to discuss common concerns and to create working relationships among industries. The industry interviews focused on four different areas; understanding the business demographics, city services, expectations of the City of Kennedale for growth, and the last identified the desires and concerns of the Industry Council. In short they wanted a larger labor force to attract more businesses and improve the image of Kennedale. Some of the obstacles they uncovered were the lack of time dedicated for individual projects, and that business owners in Kennedale did not live within the city's boundaries and therefore would not normally be involved with the community. The next involvement between the City of Kennedale and SUPA, took place with Professor Kunde's Agencies of Planning and Administration Class during the first part of 2008 summer. Inter Board Discussions The Agencies of Planning and Administration Class held study sessions to ascertain what representatives of Kennedale's active local boards considered important. Four different sessions were held with six boards and a separate one with city staff. At each session, participants were afforded the opportunity to highlight ideas and concerns they had from three perspectives; as a board member (processes), as a citizen (issues), and potential dangers and controversies. After the categories were discussed, each participant was handed five stickers, and asked to place them next to the points they considered the most important. Two red stickers held the most value — with 4 points each, followed by green — 3 points, yellow — 2 points, and blue —1 point. This way each element in processes, issues, and dangers are ranked. The following are all the points which each board considered being important, i.e. had at least one sticker next to it. Some of the points reoccurred between categories and across sessions, so they were combined. For the comprehensive list of every idea, refer to the Appendices. Processes 1. Show people working together — [9R] [2Y] [2G] — 46 points • Partnerships ® Resident and non resident business owners 2. Find out what citizens want - [2R] [3Y] [5G] [1B] — 30 points ® Credible vision ® Shape 3. Communication between board's - [2R] [lY] [1B] [1G] —14 points • Boards and staff • Unity 4. Show benefit of tax dollars - [3G] — 9 points • Follow through on plans 5. Developing new plans and ordinances that support the city master plan [1R] [1G] — 7 points 6. Strategic plan driven by businesses [1R] — 4 points 7. Process that resolves conflict - [ 1 G] — 3 points 8. (Ongoing) annual updates [2B] 2 points 9. Look at successes of other cities [I Y] — 2 points 10. Clear expectation of city, citizens, and business [I Y] — 2 points Issues 1. New, business attraction - [11R] [4G] [5Y] [4B] — 70 points • Retail Development • Restaurants • Grocery store • Doctor • Get rid of blights 2. Beautification / city appearance - [7R] [4G] [3Y] [9B] — 54 points • Pride • Clean up 287 • Building beautification • School landscaping • Reputation 3. Safety — child safety in schools/ sidewalk - [3R] [3Y] [2B] — 20 points • 1" class public safety system • Pedestrian safety • Railroad track 4. Park visibility and events — [2R] [1G] [2B] [1Y] —15 points • Incorporate parks into developers' plans 0 4 5. Balance tax burden- residential and business - [2R] [IY] [2B] [1G] —15 points • Lower water rates and taxes 6. Recreation center for youth programs — [3R] —12 points 7. Noise reduction [3R] —12 points 8. Enjoyment in quality of life [3R] —12 points 9. Strong government ethics -[2R] [1G] —11 points 10. Infrastructure — [2G] [2Y] —10 points • Street improvement • Transportation / rail • Dependable utilities • Sidewalks for children 11. Improve relation with neighboring cities - [2R] — 8 points • Development regulations 12. User friendly communications for citizens - [1G] [1R] — 7 points • Communicate progress to citizens 13. More information on what is happening in city - [lR] [IY] — 6 points 14. Affordable housing - [1G] —3 points 15. Resources for equipment [lY] — 2 points 16. Enforcement of ordinances [2B] — 2 points 17. Gas exploration limits on future development - [lB] —1 point Dangers 1, Repercussions for people speaking out - [2R] — 8 points 2, Change -[3Y] [113] — 7 points 3. Instituting change without proper marketing— [1R] — 4 points 4. Old Kennedale v/s new Kennedale - [1R] — 4 points 5. Speeding on 287 —[1R] — 4 points 61 6. Change in demographics, uncontrolled growth - [lY] [113] —3 points 7. Over regulation by city -[1G] — 3 points 8. Price of gasoline -[1 G] — 3 points 9. Reality check -[1G] —3 points 10. Unworkable plans -[213] — 2 points 11. Influence of non - citizens louder voices — [lY] — 2 points Texas City Experience* Probably the most complete community planning process ever assisted by SUPA has been in Texas City. Going back to the days of the Texas Republic, the city of Texas City has a proud and diverse history closely tied to the economic and cultural assets of the Texas gulf coast. The community consists of hard- working, civic - minded citizens. There are challenges present that are both unique to Texas City and common to cities of similar age and size across the nation. Recognizing both its abundant assets and the challenges for future growth and development, the city of Texas City formed the Goals 100 planning committee, a large working group comprised of representatives from all economic and cultural sectors of the city. Its charge was to develop a set of prioritized actions and initiatives that would transform the city as it approaches the 100` anniversary of its incorporation in 2011. Representatives from the School of Urban and Public Affairs (SUPA) at the University of Texas at Arlington were invited to assist the committee in eliciting information needed to forge this plan. Following an initial meeting by the entire committee, its leaders met repeatedly to develop a prioritized list of issues and associated actions. The formal strategic planning exercises resulted in the identification of a large number of issues. For those issues for which responsible parties could be readily identified, actions needing to be taken were • This Texas City Experience summary is from the Goals 100 Planning Process conducted by the School of Urban and Public Affairs for the city of Texas City. assigned and are still being tracked by the committee. For those issues where responsibility is not easily allocated and mitigation actions may span several community groups, the committee reinvited initial working groups. These issues were referred to as "complex issues ". The complex issues included improvement of schools, public safety, city images; attract new business and community involvement, improve and market the city image. Then a major community survey was undertaken to be sure no key priorities were missed. Survey participants also submitted comments. These spanned a wide variety of concerns and indicated a real connection with and concern about the challenges facing Texas City at present and in the future. A series M of focus groups and forums were then conducted. These provided participants in each complex issue assignment the opportunity to reflect on, discuss, and evaluate different approaches to addressing the complex issues. The Plan to Plan Taking the experience of Texas City, and the information gathered by classes in 2007 and 2008, the following plan to plan is suggested for Kennedale. The plan to plan is split into three phases. The first phase involves a large group, the second breaks into work groups, and the third is implementing the work from the first two phases into the operational plan for the city. This work should be done by the city manager, city staff, and the city council. Phase 1 The first step suggested is to gather a group of 50 (or more) involved members of the community. The people may be selected from the city boards, but it is imperative to collect three types of personalities: (1) initiators - those who come up with new ideas and try to push things through,(2) objectors - individuals who are opposed to suggestions and play the role of devil's advocate, and finally (3) good communicators, who can mediate between the initiators and objectors. Once everyone is recruited, a meeting can be held where an overall discussion of the important issues takes place. Around five major issues should be selected before hand, from the issues drawn from previous classes and this report. An example of an overall issue could be beautification. At this point the groups should be randomly split into five groups of ten people, each one to tackle a specific issue. An alternative to randomly picking group members is to get the people most interested in the issue together. In either case, members of each sub -group should be allowed to get into another sub -group by trading places with a member of their desired group. The agenda for each group is to come up with a vision for their issue. In order to meet this vision, a list should be made of needed actions that will have to be taken. Using the example of beautification, a couple of needed actions could be improving school landscaping, and beautifying 287. These actions will usually fall into two types of categories; assignables or complex issues. The assignables are the straight forward actions that can be given to a board or department -- such as the school board can be assigned to "improve school landscaping ". Complex issues on the other hand, need to be delved into further. Beautifying 287, for example, may entail cleaning it up, adding medians, having a linear park as an entrance way, etc. These complex issues are gathered for phase 2. Phase 2 Now that the complex issues have been identified, the next step is to tackle them appropriately. A work group containing experts or interests in the appropriate field needs to be created for each complex issue. For the beautifying 287 issue, engineers, planners, members of the parks and recreation board, are examples of experts. They would be asked to meet and develop steps needed to address their issue. Depending on the issue, the work group may need citizen involvement to sufficiently address the direction needed. First, the work group should convene a group of experts to create a sound 360 range of options for best addressing the issue. Three to four options is typical of most issues. Before going out to the citizens with this issue, a couple of focus group should be conducted to get the issue and the options W into the "people's language ". With the issue of 287, citizens may not be as invested in a road called Business 287, but if it was referred to " Kennedale Parkway ", then maybe more fervor could be built up. Once the issue has been translated into language which gets the citizens of Kennedale involved, the next step is to ascertain their thoughts. A few tools that could be used include sending out another survey through the water bill, have web chats or surveys on the website — something Texas City had a lot of success with, or to conduct public forum meetings. A public forum meeting is one where groups of approximately 10 people, each led by a moderator, sit around a table and proactively discuss the issue. Instead of haphazardly discussing certain points and arguing, questions from opposite sides of the spectrum are posed. The format is, "why would anyone be for Option AT' and then "why would anyone be against Option AT' This way people won't argue with each other and the varying opinions and ideas will be efficiently drawn out. "Before" and "After" surveys should be conducted to measure the changes in judgment from these discussions. Once the forums have completed their discussion, the work group can analyze the results and compile a list of actions the city or other entities might want to take that are likely to engender solid public support. It is important to remember that the work group may not have to conduct surveys, or public meetings. It depends on what the issue calls for. Once the needed actions have been ascertained they are forwarded to city for phase 3. Phase 3 At this stage the City Manager, city staff, and City Council look at all the important issues and the actions needed to address the issues. This list comprises the assignables and the results of the work groups in phase 2 in addressing complex issues. The goal is to create an operational plan with all the considerations in place. A good way to proceed would be to start with the assignables and develop the first operational plan right away. The budget and plan for the next year is to be set based on what the Kennedale community deems as important in working through the complex issues. If in beautifying 287, the Parks and Recreation staff needs to be expanded, for example, it is reflected in the operational plan. The operational plan needs to be an ongoing process with constant updates on accomplishments that are visible to the community. Every time a milestone is reached, it should be discussed in public meetings and in the local newspaper. The Texas City experience shows the value of opening up each council meeting with a list of all the accomplishments and progress of aspects in the operational plan. Even minor ones need to be celebrated to keep the momentum going forward. Every year this entire process should be repeated to accurately reflect the vision of the community of Kennedale. Encouraging this type of participation should help convert resident's mindsets from that of a customer to one of a citizen. The City of Kennedale is in a prime position to be very successful in this endeavor, and to be a leading example for the region and country. The recommended timeline to follow is on the proceeding page. 8 G � q k % q k O k � § k § � R \ 1' / \ ± n R � � $ A � § + @ A § / � a § \ § \ R W K ƒ / k �' � \ o ƒ � \ ¢ C � n j k ƒ ) \ R /' C-D. G 2 ƒ ) § & \ ƒ § 2 a § m ƒ § ƒ $ \ 7 / ) § J ƒ ¥ q ¢ a � § CD ° 9 §. m � k \ § � / ? \ � % m a � A / � W cr R M j ƒ R � ( ƒ q / ) Q % � f ƒ � A § / ƒ CD 6 ) ƒ Appendices Feedback from Kennedale Boards June 17, 2008 City Council and Chamber of Commerce As a member of the board: a. Apathy b. *Beautification -(1B) c. *Seriously lack what citizen want/ find the way to get that -(lY) d. Lack of momentum e. Narrowing pathways for discussion f. Uniting boards and leaders g. *Partnerships business city -(2R) (2Y) (1G) h. Clean up for promotion and growth and involve boards i. Build excitement with new projects j. Clearly defined visions k. Developing transparency 1. Recognize the theme m. *People working together -(5R) n. *Developing goals and interest that draw people in -(2R) o. Equality of suggestions As a citizen: a. *Restaurants -(1G) (113) b. Evening activities c. Cheaper water d. Trash recycling e. *Attract business providing employment -(213) £ *Lower taxes -(lY) g. Grocery stores h. *Balance tax burden both residential and business -(1B) (1G) i. Something to drive in for shopping/ drive out j. *New quality business -(2R) (113) (1Y) k. *Doctor in town -(1G) 1. Crime reduction m. Improve roads n. Side walks /inner connected trails o. Better access to city areas p. Noise reduction -(3R) q. *Improve appearance of city -(113) (1G) r. Civic activities and events- involve neighbors s. *Form a real identity for the city -(2R) (2G) (113) t. Train depot u. Mixed use development v. Tourist attractions w. Industrial parks x. Town centers 11 y. Garden homes z. Web cast board meetings Dangers and controversies a. Noise reduction b. Current citizens neighbors reactions to new developments c. Expenses (new taxes) d. Vision disparity city/ business e. City drainage f. Race tract g. *Change in "status quo' -(2Y) h. Salvage yards i. Over regulation by city -(1G) j. Perceived class division k. *Equal representation in city government -(IY) 1. Trust- citizens to boards m. Noise from railroads June 19, 2008 Parks and Recreation / Library As a member of the board: a. *Parks need to be visible. -(1R) b. Surveys (teachers for libraries) C. *Money for events -(1B) d. Build Pride in parks e. *Communication between the boards -(1B) f. Staffs more involved in the expansion ideas g. *Recreation centers (youth programs) -(1R) h. Connecting trails with other localities i. *Ability to communicate between boards and staff -(2R) j. Sidewalks to libraries k. Resources for equipment -(lY) 1. Survey citizens for needs of parks m. Park safety and security n. Need for youth/teen programs o. Get more ideas from citizens p. Joint city /school ventures As a citizen: a. *City follow through with plans -(2G) b. *Build city pride -(1R, 1B) C. *Stronger youth recreation -(1R) d. *School landscaping -(lY) e. *Improvement of railroad tracks -(1B) f. *Places to run and walk safely -(lY) g. Safer city h. *Street improvements -(lY) i. Noise control 12 j. More information on what is happening in the city -(1R, 1Y) k. *Clean up 287 -(1R, 1Y, 1G) 1. More sources of information m. *Citywide events in the park -(1R; 1G) n. *Beautification of buildings -(113) o. *Improve relations with neighboring cities -(1R) P. *Improve relations within the city -(1G) Dangers and controversies a. Big trucks on parkway b. *Old Kennedale v. New Kennedale -(1B) c. Kids walking to school (Pennsylvania and Sublett) d. I20/287 prostitutes e. Unattended kids £ Speeding on 287 -(1R) g. Finishing projects h. Drainage problems L Be careful with kids j. *Coordination of development regulations with other cities -(1R) k. Other city residential densities 1. Clear direction and purpose m. Vagrants/homeless n. 287 mobile home parks City Staff As a member of the board: a. Key infrastructure relative to future revenue b. Involving the school teachers c. Over sensitivity to who is involved d. All employee involvement , e. Efficiency and maximizing output f. Employee presence in events g. *Balance b/w residents + non resident business owners -(2R) h. Connect plan to concrete benefits to average employee L Completion of waste water infrastructure j. Street systems k, Creative thoughts 1. Affect on crime activity m. Start working with school children n. Accessibility o. Weighting expertise in voting p. Balance between residential and commercial fields q. How much is this going to cost? r. City needs to set the standard govt. S. *Show benefit forward tax dollar —(G) t. Get school involved u. Define the process v. Resolving conflict in process —(G) w. Citizen desires regarding amenities , 13 x. Gas exploration limits on future development -(B) y. Taking Arlington undeveloped area plans z. Reaching the historical uninvolved places a. Desire to see change but do not want to change b. Energy future c. Railway tracks in the middle of town d. Turf protection e. *Building credible vision -(Y) Citizen's ideas a. *Emphasis on program to build children future -( R) b. NIMBY (Not in my back yard) c. Commercial growth to offset taxes d. Service and value for tax/dollars e. *Restaurants, grocery shops -(3R) f. Cheaper water g. Lower property taxes h. Action plan i. Someone to talk to about specific issues j. Bicycle paths k. Someone to listen to me in each office 1. Sense of identity m. City management listening to everybody n. Improve drainage o. Facility maintenance p. *Get rid of blights / sobs - (2R) (2Y) q. *Child safety in school community — (Y) r. Linear park s. Enforcement of anti — litter t. *More special events (1B) u. Adults mentoring children v. More civic clubs w. Preserve pretty lands X. *Government ethics (strong) - (1G) (2R) y. Clear up and parkway z. Speed limit raised on little / sublet roads a. Stop the noise b. *Sidewalks for children (lY) c. Golf course d. Affordable houses -(1 G) e. *Transportation system -rail -(lY) (1G) f. *Safe community - (1B) (1R) g. Less foreigners (citizens of neighboring cities) on the streets h. Maintain right of ways i. *Dependable utilities - (1G) j. Better zoning houses and industries k. Transparent government 1. More trees m. Clear directions for city /offices n. Places for retires volunteers o. *First class public safety system — (2R) p. Kennedale _ people say wow 14 q. Street medians r. Smoke free restaurants s. Smaller carbon footprint Dangers and controversies a. Future lawsuits b. Price of gasoline -(1G) c. My way or highway d. Over spending on consulting e. *Uncontrolled rapid growth -(I Y) f. Budget restrictions g. Uniform code compliance h. Unworkable plans -(2B) i. *Change in demographic -(1B) j. Specific interest groups k. *Resistance to change -(lY) (113) 1. Dragging the process out m. Defining terms and ideas n. Future conflicting agendas o. Single groups taking over parks p. Propensity to fight q. Assistance towards consensus r. Real economic downturn s. Splitting the community t. Lewd behaviors in the parks u. Property values escalate too quickly v. Not identifying the funding sources w. Overloaded infrastructure x. Putting plans on shelves y. Reality check - (1G) June 24, 2008 Economic Development and Planning and Zoning Board member ideas a. Common goals with the same results b. *Increase retail development -(2R) c. Develop clear reasons for business to come d. *Developing a clear vision of the city, its shape between all boards -(4G) e. Quality recommendations to city councils £ (Ongoing) annual updates — Process -(2B) g. Look at success of similar cities -(I Y) h. Brutal honesty in assessing progress i. Strengthen the city talent depth j. Give precedence to Kennedale over other cities k. Develop long term goals for the city 1. *Increase business base -(2R, 2Y, 2G) m. Build a service base that keeps money in the city — self - sustaining city n. *Good ongoing communication b/w boards -(IY) o. Developing new plans and ordinances that support the city master plan -(1R, 1G) p. Clear time factors , 15 q. Study what's going on around us — other cities r. Construct sub -goals for all departments /boards s. Appearance to outside world t. *Clear vision -(1G, 1B, 1Y) u. Constant evaluation of the progress — cultivate the change so boards can permit it v. Green city — incorporate the vision of the green city w. Clear expectations of city, citizens, and business -(I Y) X. *Unity -(1G) As a citizen a. Strategic plan driven by individual businesses — tactics -(1R) b. *Communication — user friendly with citizens -(1G) c. Emphasis on beautification trees, lands d. *Improve city image — reputation -(3R, 4B, 1Y) e. Enjoyment in quality of life -(3R) f. Show project progress g. *Communicating progress to citizens -(lR) h. Enforcement of ordinances -(2B) i. Increase community events j. Get some projects completed k. More citizen amenities 1. *Lower water rates and taxes -(2R, lY, 1B) m. Interests of citizens put before the interests of the city n. *Put parks into all developments (on the developer side) -(1Y) o. Quality service guaranteed Dangers a. Honest input b. Reluctance to change c. Be careful not to overdevelop d. Change can cause loss of citizens and businesses e. Influence of non - citizens louder voices -(IY) £ Breaking from set ways ' g. Lack of long term commitment h. Non - representative input i. Past plans shelved j. Restrictive planning can turn off development k. Repercussions for people speaking out -(2R) 1. Alienation of citizens m. Fear of change n. Plans that can't be delivered o. Disengagement from broken promises p. Increased taxes in the city q. Instituting change without proper marketing -(1R) r. Growth beyond the small town area s. Lack of citizen buy in t. All talk — no change u. Too many checks and balances * Combined with another point in Inter Board Discussions section in report. 16 RESOLUTION NO.254 A RESOLUTION OF THE CITY OF KENNEDALE, TEXAS AUTHORIZING THE CITY ATTORNEY TO BRING A CIVIL ACTION FOR THE PURPOSE OF OBTAINING A COURT ORDER PERMITTING THE CITY OF KENNEDALE TO ENTER PROPERTY TO CONDUCT A SURVEY, PERFORM AN APPRAISAL, AND DETERMINE THE SUITABLE NATURE OF CERTAIN PROPERTY FOR THE EXPANSION OF SONORA PARK WHEREAS, the City of Kennedale has applied for grant monies forthe improvement and /or expansion of Sonora Park for the benefit of the citizens of the City of Kennedale; and WHEREAS, the City has identified certain properties that might be suitable for purchase for the expansion of Sonora Park; and WHEREAS, it is necessary for the City to make a good faith offer to purchase property before it may proceed to acquire property through eminent domain proceedings; and WHEREAS, it is necessary for the City to obtain a survey and appraisal of property to collect information to formulate a good faith offer to purchase property; and WHEREAS, property owners Discovery Ranch, Inc. and C D Fincher have denied the City access to their respective properties for the purposes of surveying, appraising, and examining the property to determine the extent to which it may be suitable for the expansion of Sonora Park in the City of Kennedale; and WHEREAS, the city council now deems it necessary to authorize the City Attorney to bring a civil action for the purpose of obtaining a court order permitting the City to enter property owned by Discovery Ranch, Inc. and C D Fincher to conduct a survey, perform an appraisal, and determine the suitable nature of certain property for the expansion of Sonora Park in the City of Kennedale. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KENNEDALE, TEXAS: The city attorney is hereby authorized to bring a civil action for the purpose of obtaining a court order permitting the City to enter property owned by Discovery Ranch, Inc. and C D Fincher to conduct a survey, perform an appraisal, and determine the suitable nature of certain property for the expansion of Sonora Park in the City of Kennedale. PASSED, APPROVED and EFFECTIVE this 10` day of July, 2008. Mayor, City of Kennedale Page 1 A RESOLUTION OF THE CITY OF KENNEDALE, TEXAS AUTHORIZING THE CITY ATTORNEY TO BRING A CIVIL ACTION FOR THE PURPOSE OF OBTAINING A COURT ORDER PERMITTING THE CITY OF KENNEDALE TO ENTER PROPERTY TO CONDUCT A SURVEY, PERFORM AN APPRAISAL, AND DETERMINE THE SUITABLE NATURE OF CERTAIN PROPERTY FOR THE EXPANSION OF SONORA PARK WHEREAS, the City of Kennedale has applied for grant monies forthe improvement and /or expansion of Sonora Park for the benefit of the citizens of the City of Kennedale; and WHEREAS, the City has identified certain properties that might be suitable for purchase for the expansion of Sonora Park; and WHEREAS, it is necessary for the City to make a good faith offer to purchase property before it may proceed to acquire property through eminent domain proceedings; and WHEREAS, it is necessary for the City to obtain a survey and appraisal of property to collect information to formulate a good faith offer to purchase property; and WHEREAS, Discovery Ranch, Inc. is the apparent owner of property or properties located in the 500 block of Averett Road in Kennedale, Texas, and adjacent to Sonora Park; and WHEREAS, the estate of C D Fincher and /or the heirs of C D Fincher is the apparent record owner of property or properties located at 332 South New Hope Road and /or in the 300 block of South New Hope Road in Kennedale, Texas, and adjacent to Sonora Park; and WHEREAS, property owners, Discovery Ranch, Inc. and the estate of C D Fincher and /or the heirs of C D Fincher, have denied the City access to their respective properties for the purposes of surveying, appraising, and examining the property to determine the extent to which it may be suitable for the expansion of Sonora Park in the City of Kennedale; and WHEREAS, the city council now deems it necessary to authorize the City Attorney to bring a civil action for the purpose of obtaining a court order permitting the City to enter properties owned by Discovery Ranch, Inc. and the estate of C D Fincher and /or the heirs of C D Fincher to conduct a survey, perform an appraisal, and determine the suitable nature of certain property for the expansion of Sonora Park in the City of Kennedale. Page 1 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KENNEDALE, TEXAS: SECTION 1. The city attorney is hereby authorized to bring a civil action for the purpose of obtaining a court order permitting the City to enter properties owned by Discovery Ranch, Inc. and the estate of C D Fincher and /or the heirs of C D Fincher to conduct a survey, perform an appraisal, and determine the suitable nature of certain properties for the expansion of Sonora Park in the City of Kennedale. PASSED, APPROVED and EFFECTIVE this 10 day of July, 2008. Mayor, City of Kennedale ATTEST: City Secretary Page 2 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 15, ARTICLE V, OF THE KENNEDALE CITY CODE (1991), AS AMENDED, TO PROVIDE FOR A SOUND MITIGATION PLAN FOR BUSINESSES AND ON -GOING ACTIVITIES; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY FOR VIOLATIONS THEREOF; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Kennedale 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 Texas Local Government Code; and WHEREAS, the City has determined that unreasonably loud or disturbing noises cause material distress, discomfort, annoyance or injury to persons of ordinary sensibilities and, therefore, constitute a nuisance per se; and WHEREAS, as authorized by Section 217.042 of the Texas Local Government Code, the City desires to prohibit noise nuisances within the city's corporate limits and within 5,000 feet thereof; and WHEREAS, the City has determined that businesses and activities which create an on -going noise concern may implement sound mitigation devices in order to limit the concerns and protect the citizens of the City of Kennedale. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KENNEDALE,TEXAS: Section15 -151 of the Kennedale City Code is hereby amended by adding the following definition: "On -going activities means activities that occur on a regular or frequent basis. This definition includes permanent facilities that host activities and events. On -going NOISE ORDINANCE PAGE 1 WAKennedale \ORDINANC \Noise - Sound Mitigation Plan Amend.wpd (07/09/08) activities do not include one -time events or annual activities that may receive permits pursuant to Section 15 -157 of this Chapter. This definition does not include activities of a governmental entity or a political subdivision of the state." SECTION 2. Section 15 -153 of the Kennedale City Code is hereby amended to read as follows: "Sec. 15 -153. Nuisance if noise exceeds permitted level. Any noise within the city's corporate limits orwithin five thousand (5,000) feet thereof that exceeds the following noise levels, as measured at any point along the property line of the site generating the noise, is declared to be an unreasonably loud or disturbing noise and a nuisance and shall be deemed a violation of this article: (1) Any offense as set forth in V.T.C.A., Penal Code § 42.01(a)(5) and (2) On property which is in compliance with a sound mitigation plan approved under Section 15 -158, any single event maximum sound disturbance in excess of seventy (70) decibels created by any business, activity or use between the hours of 10:00 p.m. on Sunday, Monday, Tuesday, Wednesday, or Thursday and 7:00 a.m. the following day and between the hours of twelve a.m. (midnight) on Friday or Saturday night and 7:00 a.m. the following day." Chapter 15, Article V, of the Kennedale City Code is hereby amended by adding a new Section 15 -158 to read as follows: "Sec. 15 -158. Sound Mitigation Plan (a) All businesses or on -going activities may submit a sound mitigation plan r to the city manager for approval. The sound mitigation plan shall include: NOISE ORDINANCE PAGE 2 WAKennedale \0RDINANC \No1se - Sound Mitigation Plan Annend.wpd (07/09/08) (1) Acceptable sound barriers, which include, but are not limited to the following: (i) trees, shrubs and other vegetation; (ii) earthen berms; (iii) fencing; (iv) sound blankets; (v) mufflers; (vi) walls or similar structures; and /or (vii) any other improvements or modifications designed to dampen excessive noise. (2) Projected date of completion or implementation of sound mitigation plan; and (3) Future decibel level at property line, after completion or implementation of sound mitigation plan. (b) Decibel level at the property line, after implementation of the sound mitigation plan may not exceed eighty -five (85) decibels. (c) A sound mitigation plan must be implemented within a reasonable time, as agreed upon by the city manager and the entity or person submitting the sound mitigation plan. Construction or development of the acceptable sound barriers must begin within thirty (30) days of approval of the sound mitigation plan and shall be completed within a reasonable period of time. No plan shall require more than eighteen (18) months for implementation. Failure to begin construction or development of the acceptable sound barriers will void the sound mitigation plan." NOISE ORDINANCE PAGE 3 WAKennedale \0RDINANC \Noise - Sound Mitigation Plan Amend.wpd (07/09/06) SECTION 4. CUMULATIVE This ordinance shall be cumulative of all provisions of ordinances and of the Kennedale City Code, except when the provisions of this ordinance are in direct conflict with the provisions of such ordinances and such Code, in which event the conflicting provisions of such ordinances and such Code are hereby repealed. SECTION 5. SEVERABLE 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, i 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 6. SAVINGS All rights and remedies of the City of Kennedale are expressly saved as to any and all violations of the provisions of the Kennedale City Code or any other ordinances which 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, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 7. PENALTY NOISE ORDINANCE PAGE 4 W: \Kennedale \0RDINANC \Noise - Sound Mitigation Plan Amend.wpd (07/09/08) 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 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 8. PUBLICATION 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 9. EFFECTIVE DATE This ordinance shall be in full force and effect from and after its passage and publication and it is so ordained. PASSED AND APPROVED ON THIS DAY OF , 2008. MAYOR ATTEST: CITY SECRETARY NOISE ORDINANCE �PAGE�5 WAKennedale \ORDINANC \Noise - Sound Mitigation Plan Amend.wpd (07/09/08) EFFECTIVE: APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY NOISE ORDINANCE PAGE 6 WAKennedale\ORDINANC \Noise - Sound Mitigation Plan Amend.wpd (07/09/08)