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03.12.2009 CC Packet0 Notice is hereby given that a Work, Session will commence at 5:30 P.M., and Regular Session will commence at 7:00 P.M. by the governing body of the City of Kennedale, Texas, on the 12 day of March 2009 in the Council Chambers, Kennedale Municipal Building, 405 Municipal Drive, Kennedale, Texas at which time the following subjects will be discussed to wit: (SEE ATTACHED NOTICE) Dated this 9 th day of March 2009. 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 March 9, 2009 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. the 9 th day of March 2009. Kathy Turner, TRMC City Secretary AGENDA KENNEDALE CITY COUNCIL REGULAR MEETING — MARCH 12, 2009 COUNCIL CHAMBERS WORD SESSION — 5:30 PM REGULAR SESSION — 7:00 PM CALL TO ORDER ROLL CALL I. WORK SESSION — 5:30 PM a. Discussion regarding roadway impact fees b. Discussion regarding water and sewer rates C. Discussion regarding County Stimulus funding projects d. Discussion regarding Strategic Planning activities e. Discuss and review any item on the agenda, if needed II. REGULAR SESSION — 7 :00 PM III. INVOCATION IV. US PLEDGE OF ALLEGIANCE V. TEXAS PLEDGE OF ALLEGIANCE "Honor the Texas Flag; I Pledge Allegiance to Thee, Texas, One State Under God; One and Indivisible" VI. 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. VII. REPORTS /ANNOUNCEMENTS a. City Manager 1. Announce employee recognition winners from brown bag luncheon 2. Texas Independence Day Activities Page 1 of 2 VIII. REGULAR ITEMS a. Approval of minutes: Regular Meeting dated February 12, 2009. b. Review and Consider Action to approve Resolution No. 282, supporting Earth Hour Day. C. Public Hearing, Review and Consider Action to approve Ordinance No. 427, Case #PZ 08- 28, a city initiated zone change to Block 3, Lot C, of the Beacon Hill Addition, Kennedale, TX with a physical address of 1201 Mansfield Cardinal Rd. This lot is currently zoned "C- 2" General Commercial District and the proposed zoning is "C -2" Restricted Commercial District. 1. Staff Presentation on Case 2. Public Hearing 3. Staff Response and Summary of Case 4. Action on Ordinance No. 427, Case #PZ 08 -28 d. Review and Consider Action to approve Ordinance No. 428, rate adjustment for water and sewer rates. e. Review and Consider Action to approve Ordinance No. 429, revising Roadway Impact Fees. IX. EXECUTIVE SESSION a. The City Council will meet in closed session pursuant to Section 551.071 of the Texas Government Code for consultation with the City Attorney pertaining to any matter in which the duty of the City Attorney under the Texas Disciplinary Rules of Professional Conduct may conflict with the Open Meetings Act, including discussion on any item posted on the agenda. 1. Chapter 380, Economic Development Agreement 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. TownCenter Development 3. New Hope Road properties 4. Kennedale Parkway properties 5. Bowman Springs Road re- alignment properties X. RECONVENE INTO OPEN SESSION, AND TAKE ACTION NECESSARY PURSUANT TO EXECUTIVE SESSION, IF NEEDED. XI. ADJOURNMENT Page 2 of 2 CITY OF KENNEDALE, TEXAS OFFICE OF THE CITY SECRETARY COUNCIL MEETING ROLL CALL DATE: MARCH 12, 2009 r t START TIME: � ``� PM � END TIME: PM ROLL CALL: CITY STAFF PRESENT: PRESENT ABSENT MAYOR, BRYAN LANKHORST MAYOR PRO TEM JOHN CLARK COUNCILMEMBER / BRIAN JOHNSON d COUNCILMEMBER JERRY MILLER COUNCILMEMBER ` KELLY TURNER COUNCILMEMBER DAVID GREEN MIKE MCMURRAY CITY STAFF PRESENT: d PRESENT ABSENT CITY MANAGER BOB HART CITY SECRETARY KATHY TURNER CITY ATTORNEY WAYNE K. OLSON STREET SUP. LARRY HOOVER POLICE CHIEF ` TOMMY WILLIAMS FIRE CHIEF MIKE MCMURRAY DIR. OF FINANCE SAKURA MOTEN - DEDRICK DIR. PUBLIC WORKS LARRY LEDBETTER CODE ENFORCEMENT r GLEN GREENWOOD BUILDING OFFICIAL JAMES COWEY d Staff Report To the Honorable Mayor and City Council Date: March 4, 2009 Agenda Item No: 1. a -d Subject: Work Session Originated by: Bob Hart, City Manager Summary: Work Session a. Discussion regarding roadway impact fees; b. Discussion regarding water and sewer rates; c. Discussion regarding County Stimulus funding projects; d. Discussion regarding Strategic Planning activities; and e. Discuss and review any item on the agenda, if needed. 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TEXAS PLEDGE OF ALLEGIANCE "HONOR THE TEXAS FLAG; I PLEDGE ALLEGIANCE TO THEE, TEXAS, ONE STATE UNDER GOD; ONE AND INDIVISIBLE." Staff Repot To the Honorable Mayor and City Council Date: March 4, 2009 Agenda Item No: V1. 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: Staff Repot To the Honorable Mayor and City Council Date: March 4, 2009 Agenda Item No: VII. Subject: Reports /Announcements Originated by: Kathy Turner, City Secretary Summary: Reports /Announcements a. City Manager 1. Announce employee recognition winners from the brown bag luncheon 2. Update on Texas Independence Day activities Recommendation: Disposition by Council: CITY OF KENNEDALE, TEXAS OFFICE OF THE CITY SECRETARY COUNCIL MEETING MINUTE SLIP DATE: MARCH 12, 2009 REGULAR ITEMS: ITEM NUMBER: VIII -a 104 WI Y [9)0 Q COUNCIL MEMBERS MOTION` SECOND AYE NAY ABSTAIN/ABSENT CLARK JOHNSON MILLER GREEN TURNER ORDINANCE/RESOLUTION NO. CARRIED CONTRACT/AGREEMENT NO. FAILED FOLLOW UP: CITY SECRETARY'S FOLLOW UP: To the Honorable Mayor and City Council Date: March 4, 2009 Agenda Item No: VIII -a Subject: Approval of Minutes: Regular Meeting dated February 12, 2009 Originated by: Kathy Turner, City Secretary Summary: Attached for Council review and consideration is the meeting minutes for the regular meeting held on the 12 day of February 2009. Recommendation: RECOMMEND APPROVAL Disposition by Council: 3387 MINUTES KENNEDALt REGULAR MEEXIN 405 MUNICIP R. Mayor, Bryan Lankhorst called the present: Council present: Bryan Lanka John Clark David Green Brian Johnson Kelly Turner Jerry Miller Staff present: Bob Hart Kathy Turner Wayne K. Olson Sakura Dedrick Tommy Williams Mike McMurray Larry Ledbetter James Cowey I. WORK SESSION a. Discussion on Independent A Y 12, 2009 fNICIPAL BLDG. ., and announced that a quorum was Mayor Mayor Pro -Tem, Place 1 Councilmember, Place 2 Councilmember, Place 3 Councilmember, Place 4 Councilmember, Place 5 City Manager City Secretary Legal Counsel Director of Finance Chief of Police Fire Chief Director of Public Works Building Official uditors Reports for year ended September 30, 2008. Greg Shropshire, Auditor with Patillo, Brown & Hill, LLP addressed the City of Kennedale's Comprehensive Annual Financial Report for the year ended September 30, 2008. b. Discussion on Bowman Springs Road; Bob Hart, City Manager spoke to Council in regards to the re- alignment of Bowman Springs Road, and advised that a contract regarding such would be on the next Council agenda for consideration. C. Discussion on Tax Increment Finance (TIF); Bob Hart, City Manager advised Council of the elements involved with the proposed TIF District, and said a draft presentation would be presented with the 2009/2010 budget. d. Discuss and review any item on the agenda, if needed. Bob Hart, City Manager reviewed consent agenda items and fielded questions from Council. There being no further discussion, Mayor, Bryan Lankhorst recessed the meeting at 6:35 p.m. II. REGULAR SESSION Mayor, Bryan Lankhorst reconvened and called the regular session to order at 7:05 p.m. 3388 III. INVOCATION AND PLEDGE OF ALLEGIANCE Bob Hart, City Manager gave the invocation followed by the YMCA Indian Princess Program leading the Pledge of Allegiance. IV. VISITOR/CITIZENS FORUM Pat Doescher, Chairman of the Kennedale Chamber of Commerce announced the upcoming Annual Kar show scheduled for May 16, 2009. Doescher encouraged anyone who was interested in assisting with the show to attend the Chamber Monday evening meetings, as they would welcome the assistance. V. PRESENTATION(S) Events Task Force Committee Member, Paige Conley will make a presentation regarding future events proposed by the committee. Paige Conley, member of the Events Task Force Committee provided a power point presentation highlighting the issues assigned to the task force, which included the following: consequences for the community, action alternatives, recommended strategies, community players needed for implementation, action recommended, and follow -up role and responsibility of the events task force. Presentation regarding proposed Arts Festival. Felipe Gutierrez and Lori Bryan provided Council an update on Art in the Park, which included the Arts and Market Committee members, fact sheet, sponsorship opportunities and descriptions, and reviewed the various forms. Gutierrez said a tentative date for Art in the Park has been scheduled for April 9"' through the l Ith, 2010 in the TownCenter. VI. REPORTS /ANNOUNCEMENTS a. City Manager Independence Day Activities Bob Hart, City Manager spoke of activities scheduled for the upcoming Independence Day Celebration scheduled to run Saturday, February 28, 2009 through Monday, March 2, 2009. 2. Schedule Strategic Plan Workshop A tentative date of April 7, 2009 was scheduled to hold a Strategic Plan Workshop amongst city staff and City Council from 2 to 8 p.m. Introduction of KHS Youth Advisory Council. Mayor, Bryan Lankhorst recognized Mrs. Rita Whatley, KHS Principal, and Ms. Sherry Wade, KHS Teacher for the implementation of the KHS Youth Advisory Council. 3389 Next, Councilmember, David Green introduced Ben Taylor, Chairman for the KHS Youth Advisory Council (YAC), who then introduced each member of the Council. Taylor implied the Council was selected to provide input from a youth's perspective to help invision Kennedale in the year 2015. He said it was an honor and privilege to assist in the decisions to make Kennedale a better place to live and thrive, and hoped that the voice of the youth could be an integral and helpful asset to the new Kennedale. Councilmember, David Green added that the council had been working on the BYLAWS, and is making strides forward to get active in the community. VII. CONSENT AGENDA Councilmember, Brian Johnson requested item g be removed from the consent agenda. a. Approval of minutes: Regular Meeting dated January 8, 2009. b. Approval of Independent Audit Report for year ended September 30, 2008. C. Approval of Racial Profiling Report. d. Approval of an Ordinance establishing "No Parking Zone" at James F. Delaney. e. Approval of an Ordinance amending credit card payment processing fee. f. Approval of a Resolution considering an Alternative Ratemaking Methodologies, PUC Project No. 36358. h. Approval of a Resolution calling for a General Election to be held on May 9, 2009; approving a joint election with Tarrant County; and establishing procedures for that election. i. Approval to authorize the City Manager to sign amendment to the D. Love Gas Unit Memorandum to accommodate the change to Paragraph No. 6(d) of the lease increasing the size of a unit pooled for gas to not substantially exceed in area 450 acres. Councilmember, Brian Johnson moved to approve consent agenda items a through f, and h through i, second by Councilmember, David Green. Motion carried (5 -0). VIII. REGULAR ITEMS g. Approval of a Resolution supporting local option fees and taxes to fund transportation including Rail North Texas. Councilmember, Brian Johnson moved to approve a resolution supporting local option fees and taxes to fund transportation including Rail North Texas, second by Councilmember, Jerry Miller. Motion carried (5 -0). j. Public Hearing, Review and Consider Action to approve a Resolution approving the 35' year Community Development Block Grant (CDBG) Project, and pledging required funding. Grant program is generally limited to street, drainage, water or sewer improvements within the approved target area for the benefit of low to moderate - income neighborhoods. 3390 1. Staff Presentation — Larry Ledbetter, Director of Public Works informed Council of this year's recommended project, which is to replace 800 linear feet of sanitary sewer in the Old Town Neighborhood on Spiller Street with an estimated cost of $97,515.00. Ledbetter said the city's participation cost would be an estimated $5,000.00, which would be budgeted in the 2009/2010 Water and Sewer Fund Budget. 2. Public Hearing — No persons registered to speak in regards to the 35`" Year CDBG Project. Mayor, Bryan Lankhorst closed the public hearing at 7:50 p.m. 3. Staff Response — No additional staff response. 4. Action on Resolution - Councilmember, Kelly Turner moved to accept the resolution approving the 35 year Community Development Block Grant (CDBG) Project to replace 800 linear feet of sanitary sewer along Spiller Street with an estimated construction costs of $97,515.00 of which the City's participation would be estimated at $5,000.00, and would be budgeted in the 09/10 Water and Sewer Fund Budget. Motion seconded by Councilmember, Brian Johnson. Motion carried. (5 -0). k. Public Hearing, Review and Consider Action to approve an Ordinance for Case #PZ 08 -26 and Case # PZ 08 -27, city initiated zone change to Lots 3 and 4, Block 1, of the Southwest Crossing Addition from that of "C -1" Restricted Commercial District to that of "C -0" Retail Commercial. Case # PZ 08 -26 Block 1, Lot 3, Southwest Crossing Addition. Physical address is 4900 US 287 Hwy. Case #PZ 08 -27 Block 1, Lot 4, Southwest Crossing Addition. Physical address is 4970 US 287 Hwy. 1. Staff Presentation of Case — James Cowey, Building Official implied that this item went before Council during the January 2009 meeting, and a recommendation was brought forth to continue the case until the February 2009 meeting. Also, Cowey said a letter of opposition was included with the packet, and would require a super majority vote to the Council to approve initiated zone change. 2. Public Hearing - Greg Higgins on behalf of EECU, 6618 Bryan Irvin, Fort Worth, TX 76132, and Tom Purvis on behalf of EECU, 222 W. Exchange St., Fort Worth, TX 76164 registered against Case #PZ 08 -26, but did not wish to address Council. With no other persons registered to speak for or against Case #PZ 08 -26 and Case #PZ 08 -27, Mayor, Bryan Lankhorst closed the public hearing at 7:55 p.m. 3. Staff Response and Summary of Case — No additional comments were provided. 4. Action on Case — Mayor Pro -Tem, John Clark moved to deny Ordinance for Case #PZ 08 -26 and Case #PZ 08 -27, city initiated zone change to Lots 3 and 4, Block 1, of the Southwest Crossing Addition from that of "C -1" Restricted Commercial District to that of "C -0" Retail Commercial. Councilmember, Brian Johnson moved to second the motion with all members present voting in favor. Motion carried (5 -0). Public Hearing, Review and Consider Action to approve an Ordinance for Case #PZ 09 -01 a zone change request for properties within the City of Kennedale being approximately 11.1 acres out of the Jesse Russell Addition, Abstract 1361, Tracts 11, 11A, I IA1, and 12 from that of "R -3" Single Family Residential District to that of "C -2" General Commercial. Request made by Thomas S. Mackie on behalf of RPC Industrial. 3391 Case #PZ 09 -01 Abstract 1361, Tracts 11, 11A, 11A1, and 12, Jesse Russell Survey. Physical addresses are 3850 So. Eden Road, 7141 Kennedale Parkway, and 7161 Kennedale Parkway. 1. Staff Presentation of Case - James Cowey, Building Official advised Council that the proposed zone change coincided with the Future Land Use Plan, and that the Planning and Zoning Commission voted five to one to recommend approval of the zone change. 2. Public Hearing — Mayor, Bryan Lankhorst opened the public hearing for public comments, and the following persons registered to speak: Pat Doescher, Chairman of the Kennedale Chamber of Commerce asked Council to look favorably upon requested zone change, Case #PZ 09 -01. Thomas S. Mackie (Applicant), 7923 Caruth Ct., Dallas, TX registered in favor of Case #PZ 09 -01. Mackie spoke to council regarding the concept plan of the proposed building and prospective clients. Ronnie Nowell, 317 Bowles Ct., Kennedale, TX registered in favor of Case #PZ 09 -01. Nowell requested Council approval of the zone change as the city has worked hard and long to recruit businesses and this location was good for the type of businesses that would be established. No further comments, Mayor, Bryan Lankhorst closed the public hearing at 8:06 p.m. 3. Staff Response and Summary of Case — James Cowey, Building Official advised Council that the Future Land Use plan called for commercial zoning at this location, and applicant would have to comply with new landscaping ordinance. 4. Action on Case — Councilmember, Brian Johnson moved to approve proposed ordinance for Case #PZ 09 -01 changing the zoning classification for properties within the City of Kennedale out of the Jesse Russell Survey, Abstract 1361, Tracts 11, 11A, 11A1, and 12 from that of "R -3" Single Family Residential District to that of "C -2" General Commercial. Councilmember, Jerry Miller moved to second the motion with all members present voting in favor. Motion carried (5 -0). m. Public Hearing, Review and Consider Action to approve an Ordinance for Case # PZ 09 -02 to Case # PZ 09 -15, city initiated zone change to change the zoning classification of certain properties within the City of Kennedale being approximately 18.58 acres out of the Jesse Russell Survey, Abstract 1361, and Block 1, Lot 4, Jesse Russell Addition from that of "C- 2" General Commercial District to that of "R -2" Single Family Residential District. Case #PZ 09 -02 Abstract 1361, Tract 9A04, Jesse Russell Survey. Physical address is 6867 Mansfield Cardinal Rd. Case #PZ 09 -03 Abstract 1361, Tract 9A06, Jesse Russell Survey. Physical address is 6867 Mansfield Cardinal Rd. Case #PZ 09 -04 Abstract 1361, Tract 9A07, Jesse Russell Survey. 3392 Case #PZ 09 -05 Abstract 1361, Tract 9A, Jesse Russell Survey. Physical address is 6875 Mansfield Cardinal Rd. Case #PZ 09 -06 Abstract 1361, Tract 9AO3, Jesse Russell Survey. Physical address is 6895 Mansfield Cardinal Rd. Case #PZ 09 -07 Block 1, Lot 4, Jesse Russell Addition. Physical address is 6901 Mansfield Cardinal Rd. Case #PZ 09 -08 Abstract 1361, Tract 9AO5, Jesse Russell Survey. Physical address is 5900 Eden Rd. East Case #PZ 09 -09 Abstract 1361, Tract 9AO1, Jesse Russell Survey. Case #PZ 09 -10 Abstract 1361, Tract 91701, Jesse Russell Survey. Physical address is 5840 Eden Rd. East Case #PZ 09 -11 Abstract 1361, Tract 9FOlA, Jesse Russell Survey. Physical address is 8040 Eden Tap Rd. Case #PZ 09 -12 Abstract 1361, Tract 9F, Jesse Russell Survey. Physical address is 5869 Eden Rd. East Case #PZ 09 -13 Abstract 1361, Tract 9DO2, Jesse Russell Survey. Physical address is 5844 Eden Rd. East Case #PZ 09 -14 Abstract 1361, Tract 9D01, Jesse Russell Survey. Physical address is 5640 Eden Rd. East Case #PZ 09 -15 Abstract 1361, Tract 9D, Jesse Russell Survey. Physical address is 5844 Eden Rd. East 1. Staff Presentation of Case — James Cowey, Building Official proclaimed that the City Council reviewed the cases in December of 2008, and took action to refer the cases back to the Planning and Zoning Commission to readvertise and reconsider as "R -2" Single Family Residential. Cowey implied that the Commission did such, and forwards a recommendation of approval. 2. Public Hearing — No persons registered to speak for or against Case #PZ 09- 02 through Case #PZ 09 -15 and Mayor, Bryan Lankhorst closed the public hearing at 8:10 p.m. Staff Response and Summary of Case — No additional comments were provided. Action on Case — Mayor Pro -Tem, John Clark moved to approve proposed ordinance for Case # PZ 09 -02 to Case # PZ 09 -15, city initiated zone change to change the zoning classification of certain properties within the City of Kennedale being approximately 18.58 acres out of the Jesse Russell Survey, Abstract 1361, and Block 1, Lot 4, Jesse Russell Addition from that of "C -2" General Commercial District to that of "R -2" Single Family Residential District. Motion second by Councilmember, Kelly Turner. Mayor Pro -Tem, John Clark, and Councilmember's Kelly Turner, Brian Johnson, and Jerry Miller voted aye, while Councilmember, David Green abstained. Motion carried (4 -0 -1). 3393 n. Review and consider action to approve a rate adjustment for solid waste collection by IESI TX Corporation. Mayor Pro -Tem, John Clark moved to approve a 1.8% rate adjustment for solid waste collection by IESI TX Corporation, second by Councilmember, Kelly Turner. Mayor Pro - Tem, John Clark and Councilmember's Kelly Turner, David Green, and Brian Johnson voted aye, while Councilmember, Jerry Miller voted nay. Motion carried (4 -1). There being no further discussion, Mayor, Bryan Lankhorst recessed the meeting at 8:25 p.m. to enter into executive session. IX. EXECUTIVE SESSION a. The City Council will meet in closed session pursuant to Section 551.071 of the Texas Government Code for consultation with the City Attorney pertaining to any matter in which the duty of the City Attorney under the Texas Disciplinary Rules of Professional Conduct may conflict with the Open Meetings Act, including discussion on any item posted on the agenda. 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. TownCenter Development 3. New Hope Road properties. 4. Kennedale Parkway properties. X. RECONVENE INTO OPEN SESSION, AND TAKE ACTION NECESSARY PURSUANT TO EXECUTIVE SESSION, IF NEEDED. Mayor, Bryan Lankhorst reconvened into open session at 9:52 p.m. with no action taken on executive session items. It was noted that Councilmember, Brian Johnson departed the meeting during executive session. XI. ADJOURNMENT There being no further discussion, Mayor Lankhorst asked for a motion to adjourn. Mayor Pro - Tem, John Clark so moved, and Councilmember, Jerry Miller seconded the motion with all members present voting in favor. Motion carried (4 -0). Meeting adjourned at 9:53 p.m. APPROVED: Mayor, Bryan Lankhorst ATTEST: Kathy Turner, City Secretary CITY OF KENNEDALE, TEXAS OFFICE OF THE CITY SECRETARY COUNCIL MEETING MINUTE SLIP DATE: MARCH 12, 2009 REGULAR ITEMS: ITEM NUMBER: V111-b MOTION: COUNCIL MEMBERS MOTION SECOND AYE NAY ABSTAIN/ABSENT CLARK JOHNSON MILLER GREEN TURNER ORDINANCE/ RESOLUTION NO. CONTRACT/AGREEMENT NO. FOLLOW UP: 282 CARRIED FAILED CITY SECRETARY'S FOLLOW UP: Date: March 12, 2009 Agenda Item No: VIII -b. Subject: Review and consider action to approve resolution 282 supporting the Earth Hour initiative, sponsored by the Youth Advisory Council Originated by: Bob Hart Summary: The Earth Hour resolution has been placed on the agenda at the request of the Youth Advisory Council. Members of the YAC will be present to present and discuss the resolution. The following information on Earth Hour is taken from its website: This year, Earth Hour has been transformed into the world's first global election, between Earth and global warming. For the first time in history, people of all ages, nationalities, race and background have the opportunity to use their light switch as their vote — Switching off your lights is a vote for Earth, or leaving them on is a vote for global warming. WWF (Formerly the World Wildlife Fund, now "WWF, the global conservation organization ") are urging the world to VOTE EARTH and reach the target of 1 billion votes, which will be presented to world leaders at the Global Climate Change Conference in Copenhagen 2009. This meeting will determine official government policies to take action against global warming, which will replace the Kyoto Protocol. It is the chance for the people of the world to make their voice heard. Earth Hour began in Sydney in 2007, when 2.2 million homes and businesses switched off their lights for one hour. In 2008, the message had grown into a global sustainability movement, with 50 million people switching off their lights. Global landmarks such as the Golden Gate Bridge in San Francisco, Rome's Coliseum, the Sydney Opera House and the Coca Cola billboard in Times Square all stood in darkness. In 2009, Earth Hour is being taken to the next level, with the goal of 1 billion people switching off their lights as part of a global vote. Unlike any election in history, it is not about what country you are from, but instead, what planet you are from. VOTE EARTH is a global call to action for every individual, every business, and every community. A call to stand up and take control over the future of our planet. Over 74 countries and territories have pledged their support to VOTE EARTH during Earth Hour 2009, and this number is growing everyday. We all have a vote, and every single vote counts. Together we can take control of the future of our planet, for future generations. VOTE EARTH by simply switching off your lights for one hour, and join the world for Earth Hour. Recommendations: City Staff recommends approval of the attached resolution. Disposition by Council: RESOLUTION NO. 282 A RESOLUTION SUPPORTING EARTH HOUR DAY IN KENNEDALE, TEXAS ON MARCH 28, 2009. WHEREAS, Earth Hour is a world -wide effort to reduce energy consumption; and WHEREAS, in 2008 Earth Hour had more than 50 million participants in 35 countries across 18 time zones; and WHEREAS, Earth Hour's 2009 goal is to reach one billion people in 1000 cities worldwide, and WHEREAS, this recommendation to participate in Earth Hour is being brought by the KennedaleYouth Advisory Council. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Kennedale, Texas that the City shall participate in Earth Hour and all Kennedale Citizens are encourage to turn off their lights at 8:30PM on Saturday March 28, 2009. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF KENNEDALE, TEXAS on this 12 day of March 2009. Mayor, Bryan Lankhorst ATTEST: Kathy Turner, City Secretary CITY OF KENNEDALE, TEXAS OFFICE OF THE CITY SECRETARY COUNCIL MEETING MINUTE SLIP DATE: MARCH 12, 2009 REGULAR ITEMS: ITEM NUMBER: V111-c MOTION: COUNCIL MEMBERS MOTION SECOND AYE NAY ABSTAIN/ABSENT CLARK JOHNSON MILLER GREEN TURNER OR NO. CONTRACT/AGREEMENT N FOLLOW UP: 427 CARRIED FAILED CITY SECRETARY'S FOLLOW UP: To the Members of the City Council Date: March 4, 2009 Agenda Item No: VIII -c. Subject: PZ Case# 08 -28 - Lot - C, Block 3, Beacon Hill Addition Originated by: James E. Cowey, Building Official Summary: At the Planning and Zoning Meeting on November 20, 2008 the Commission made a motion to initiate a zone change Lot C, Block 3, Beacon Hill Addition which is Zoned C -2 to be rezoned to C -0. After a review of the Schedule of Uses, Staff felt that C -1 would be a better Zoning Classification for this property. This is due to the location and size of the lot in question. The main concern from Staff is the uses allowed in C -2 were not compatible to the surrounding area. At the December 18 Planning and Zoning Meeting the Commission tabled this case in order for Staff to work with the property owner. Staff has met with Mr. Jerry Jordan, the property owner and he has agreed with the City initiated Zone Change of C -1, but would like additional uses included in the zoning. Please see the attached letter from Mr. Jordan listing the additional uses. Staff does not have any issues with Mr. Jordan's request. •_: •r Recommend Approval of C -2 Restricted Zoning allowing the uses listed in C -1 along with the following uses: • Boat storage with the outside storage facility screened from public view. • Cabinet shop - no special exception required • Contractor office, shop and yard with any outside storage screened from public view. • Lawn mower sales and service - no special exception required. • Mini warehouse development. • Veterinary clinic, now permitted, but the ability to have a short term kennel as an incidental use without a special exception required. Disposition by Commission: At their regular meeting on February 19 2009 the Planning and Zoning commission unanimously approved PZ Case 08 -28 as follows: C -2 Restricted Zoning allowing the uses listed in C -1 along with the following uses also being allowed: • 1. Boat storage with the outside storage facility screened from public view. • 2. Cabinet shop — no special exception required • 3. Contractor office, shop and yard with any outside storage screened from public view. • 4. Lawn mower sales and service — no special exception required. • 5. Mini warehouse development. • 6. Veterinary clinic, now permitted, but the ability to have a short term kennel as an incidental use without a special exception required. Staff is forwarding this to you for your consideration and the Planning and zoning Commission and City staff recommends approval of this case. Attached is the proposed ordinance for this case. ORDINANCE NO. 427 AN ORDINANCE AMENDING ORDINANCE NO. 40, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF KENNEDALE; BY CHANGING THE ZONING CLASSIFICATION OF CERTAIN PROPERTIES WITHIN THE CITY OF KENNEDALE, BEING APPROXIMATELY ACRES ENCOMPASSING LOT C, BLOCK 3, BEACON HILL ADDITION, CITY OF KENNEDALE, TARRANT COUNTY, TEXAS; PROVIDING FOR THE AMENDMENT OF THE OFFICIAL ZONING MAP TO REFLECT SUCH CHANGES; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Kennedale, Texas is a home rule city acting under its charter adopted by the electorate pursuant to Article Xi, Section 5, of the Texas Constitution and Chapter 9 of the Local Government; WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has adopted a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential or other purposes, for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and WHEREAS, a change in the zoning classification of the property listed below was initiated by the City of Kennedale in order to encourage the most appropriate use of the property; and WHEREAS, a public hearing was duly held by the Planning and Zoning Commission of the City of Kennedale on February 19, 2009 and by the City Council of the City of Kennedale on the 12th day of March 2009, with respect to the zoning change described herein; and WHEREAS, all requirements of law dealing with notice to other property owners, publication and all procedural requirements have been complied with in accordance with Chapter 211 of the Local Government Code; and WHEREAS, the City of Kennedale, Texas does hereby deem it advisable and in the public interest to amend Ordinance No. 40, as amended, as described herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KENNEDALE, TEXAS: SECTION 1. Ordinance No. 40, as amended, is hereby amended so that the permitted uses in the hereinafter described area shall be altered, changed and amended as shown and described below: c: \kturner \council \ord \zonechgOg - 28(03- 02 -09) Page 1 of Lot C, Block 3, Beacon Hill Addition, City of Kennedale, Tarrant County, Texas, and more particularly described on Exhibit "A" attached hereto and incorporated herein for all purposes of this ordinance, is hereby rezoned from "C -2" General Commercial District to that of "C -2" Restricted Commercial District as described . C-2 Restricted Zoning allowing the uses that are allowed in GI along with the following uses also being allowed as defined below: 0 1. Boat storage with the outside storage facility screened from public view. 0 2. Cabinet shop — no special exception required 0 3. Contractor office, shop and yard with any outside storage screened from public view. 0 4. Lawn mower sales and service — no special exception required. 0 S. Mini warehouse development. • 6. Veterinary clinic, now permitted, but the ability to have a short term kennel as an incidental use without a special exception required. SECTION 2. The zoning districts and boundaries as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals, and general welfare of the community. They have been designed to lessen congestion in the streets, to secure safety from fire, panic, flood and other dangers, to provide adequate light and air, to prevent overcrowding of land, to avoid undue concentration of population, to facilitate the adequate provisions of transportation, water, sewerage, parks and other public requirements. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses allowed and with a view of conserving the value of the buildings and encouraging the most appropriate use of land throughout the community. SECTION 3. The City Secretary is hereby directed to amend the official zoning map to reflect the changes in classifications approved herein. SECTION 4. The use of the property hereinabove described shall be subject to all the applicable regulations contained in the Comprehensive Zoning Ordinance and all other applicable and pertinent ordinances of the City of Kennedale, Texas. SECTION 5. This Ordinance shall be cumulative of Ordinance No. 40, as amended, and all other Ordinances of the City of Kennedale affecting zoning and land use, and shall not repeal any of the provisions of such ordinances except in those instances where provisions of such ordinances are in direct conflict with the provisions of this ordinance. c: \kturner\ council \ord \zonechg08 - 28(03- 02 -09) Page 2 of 4 SECTION 6. All rights or remedies of the City of Kennedale, Texas are expressly saved as to any and all violations of Ordinance No. 40 or of any amendments thereto that have accrued at the time of the effective date of this Ordinance and as to such accrued violations and all pending litigation, both civil and criminal, same shall not be affected by this Ordinance but may be prosecuted until final disposition by the Courts. SECTION 7. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs, and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 8. This ordinance shall be in full force and effect from and after its passage and it is so ordained. PASSED AND APPROVED this 12 day of March 2009. Mayor, Bryan Lankhorst ATTEST: Kathy Turner, City Secretary APPROVED AS TO FORM AND LEGALITY: Wayne K. Olson, City Attorney c: \kturner \council \ord\zonechg08 - 28(03- 02 -09) Page 3 of 4 Exhibit "A" Block 3, Lot C, Beacon Hill Addition Address: 1201 Mansfield Cardinal Road, Kennedale, TX cAkturner \council \ord\zonechg08 - 28(03- 02 -09) Page 4 of 4 Notice Details - City of Kennedale Notice of Public Heari City of Kennedale Notice of Public Hearing The Kennedale City Council will hold a public hearing on Thursday, March 12, 2009 at 7:00 PM in the Council Chambers, Kennedale City Hall, 405 Municipal Dr., Kennedale, TX 76060 to receive citizen "s comments regarding Case #PZ 08 -28, a city initiated zone change to Block 3, Lot C of the Beacon Hill Addition, Tarrant County, TX, City of Kennedale, TX. Physical address is 1201 Mansfield Cardinal Rd. The lot is currently zoned "C -2" General Commercial District and the proposed zoning is "C -2" Restricted Commercial District. All interested persons are encouraged to attend the hearing or may furnish written comments prior to the hearing to the City Secretaiy "s Office, City of Kennedale, 405 Municipal Dr., Kennedale, TX 76060. To obtain additional information please call 817.985.2135. 30324397 Page 1 of 1 http : / /www. legalnotice. org /pl/ Templates/ PrivateLabel / /popup /PrinterFriendly. aspx ?ID =3 7... 2/25/2009 Real Esfafe InvesImenf , DeveIopmenI > 14anagemenf MEMORANDUM TO: Bob Hart City Manager City of Kennedale FROM; Jerry Jordan RE: Block 3, Lot C Beacon Hill Addition 1201 Mansfield Cardinal Kennedale, Texas January 16, 2009 HAND DELIVERED This property is the subject of a city initiated down zoning from the current C -2, General Commercial District, to the proposed C -1, Restricted Commercial District, by the Kennedale Planning & Zoning Commission. As owner of the property I am opposed to the down zoning action. I understand that C -2 zoning permits some uses and activities that might not be appropriate at this location. In a spirit of cooperation with the City of Kennedale I would offer the following points for discussion purposes regarding the down zoning of the property. C -1, Restricted Commercial Zoning would be acceptable with the following uses included, in addition to those listed by the Zoning Ordinance: ® Boat storage with the outside storage facility screened from public view. ® Cabinet shop — no special exception required. ® Contractor office, shop and yard with any outside storage screened from public view. ® Lawn mower sales and service — no special exception required. ® Mini warehouse development. ® Veterinary clinic, now permitted, but the ability to have a short term kennel as an incidental use without a special exception required. Bob H - o C B acon ill Rez ning 09 �( o7 t. P.O. B ox 9', a Arlington, Texas 760d 16 - Ad eIra 817- 461 -4161 . Fax 817- 274.6581 www.jarca9raup.cam 8 a 9 2 10 27 14 7 I 1 1 1 C- 3 9 8 I 1 3 10I 15 8 26 � 11 4 16 9 3 I 8' 25 1�1 12 5 '+ 7 1 ® 1 17 10 13 6 24 11 1 1 5 18 6 1 14 7 ' 23 12 L 19 3.1958 15 22 S 10 �r L - - - -- @ 16 5 � I 21 20 13 S t1 p TR.1A 14 2,76 AC 1 1 4 1 .2D 22 I! �� TR IF 1,14 @ 21 J �� 15 04@ 1 1.949 @ i l i R.2D1 19 TR 2A 3 1 I 18 1 1,14 @ I .029@ . I 16.988 @ B 17 16 2 TR 2D1 � �B 3 16 ` - 2 11 B � �} 1 14A , �' TR 1A 1 - i I 2.76 AC 1@ �' 1 Ti t ID — J . 278 iy 0 ', g TR 9A1 26 9F VL 6 2 TR 9A4 TR 9F1 . 10A 2.0 AC TR 9A5 1.069 @ TR 173 MAC TR 9A7 TR 2A TR.9A 2.0 AC TR 10B .9246 Ac TR 9A3 - - - - -'� 1.974 @ TR 9F TR 10E 4.08 AC TR 10C TR 3B3 4.717@ B1 ( j, TR 10 kC I TR 10D 4 <y a 1.988 @ TR 3B3A 6 � TR.9E3 .10 AC i1 .433 Ac Google Maps Kennedale, TX 76060 Page 1 of 1 http: // maps .google.com /maps ?hl =en &tab =wl 12/11/2008 1 1 1 2 1 - 6 0 � �tT �``C r T� 1 `__ ■, Jerry Jordan PO Box 993 Arlington, TX 76004 Tarrant County 100 E Weatherford Room 404 Fort Worth, TX 76196 Eddie Godfrey 2947 W Division Street Arlington, TX 76012 James P Smith 4340 County Road 307 Grandview, TX 76050 Sammy Lee Shugart 6867 Mansfield Cardinal Road Kennedale, TX 76060 Oncor Electric Delivery Co LLC State and Local Tax Dept PO Box 219071 Dallas, TX 75221 Beacon Hill JV Po Box 993 Arlington, TX 76004 -0993 Sandra G Knapp PO Box 1209 Kennedale, TX 76060 IwTJx31r,)(C Trl ®'�'T1C�S Legal Notice Notice of Public Hearing 1 The Kennedale Planning and Zoning Commission will hold. a Public Hearing for the following cases,on Thursday, December. 18, 2008 at • 7:00 pm in the City Council Chambers,• located at 405 Municipal Drive, Kennedale, Texas .I 76060, Case # PZ 08 -26 to receive citizen's comments regarding a City initiated zone change to Block 1, Lot 3 of the Southwest Crossing Addition with the physical address being 4900 US 287 Hwy. The lot is currently zoned C -1 (Restricted, Commercial District) and the proposed zoning is C -0 (Retail Commercial). Case # PZ 08 -27 to receive citizen's . comments regarding a City initiated zone change • to Block 1, Lot of the Southwest 1 Crossing Addition with . the physical address being 4970 1 US 287 ,Hwy. The lot is currently zoned C -1 (Restricted Commercial District) and the, proposed zoning is C -0 (Retail Commercial). Case # PZ 08 -28 . to receive citizen's comments regarding a City initiated zone change to Block 3, Lot C of the Beacon Hill Addition -with the physical address being 1201 Mansfiefd Cardinal Road, The lot is currently zoned C 7 2 (General Commercial District) and• the proposed zoning is C -1 (Restricted Commercial District).. All interested persons are encouraged to attend the Public Hearhigormayfurnish writferi comments prior to the meeting to the City ofY�ermedale, 405 MMunicipal Drive, Kennedale, � , TX, 76060. Any other information may be acquired by calling (817) 985 -2135. CITY OF KENNEDALE, TEXAS OFFICE OF THE CITY SECRETARY COUNCIL MEETING MINUTE SLIP DATE: MARCH 12, 2009 REGULAR ITEMS: ITEM NUMBER: VIII —d MOTION: COUNCIL MEMBERS MOTI6N SECOND AYE NAY ABSTAIN /ABSENT CLARK rk ` _ ' ev JOHNSON f� MILLER GREENf TURNER ORDINANCE/RESOLUTION NO. 428 CARRIED CONTRACT /AGREEMENT NO FOLLOW UP: CITY SECRETARY'S FOLLOW UP: 3 vi' � . i FAILED `a a �.W. AN > ! I' I �3 � •/y t � � r, 0 ,00 "' ) rk ` ' ev p / > ! I' I �3 � •/y t � � r, 0 ,00 "' ) U39= To the Honorable Mayor and City Council Date: March 12, 2009 Agenda Item No: VIII . Subject: AN ORDINANCE AMENDING WATER AND SANITARY SEWER SERVICE RATES Originated by: Sakura Moten - Dedrick Summary: The City last adjusted water and wastewater rates in September 2005. Since that time, the City has issued $2.9M in new debt to complete the water connection to Fort Worth, assumed additional fund balance debt ratio requirements related to this issue, and the treatment charges imposed on the City by both the City of Arlington and the Trinity River Authority have been increased significantly. The City's annual revenue requirements exceed that of what is currently being generated, so the potential loss associated is approximately $329,000 ($181,000 water/ $148,000 sewer). Carolyn Marshall has recently conducted a rate study analysis with a recommendation of a 15% rate increase in order to cover the costs previously noted above. Carolyn will be at the workshop to review her analysis and discuss various options. Recommended Motion: Approve amended water and sanitary sewer service rates. Disposition by Council: ORDINANCE NO. 429 AN ORDINANCE OF THE CITY OF KENNEDALE, TEXAS, REVISING THE RATE FOR WATER SERVICE AND SANITARY SEWER SERVICE; PROVIDING A DISCOUNT FOR QUALIFYING SENIOR CITIZENS AND DISABLED PERSONS; PROVIDING A PENALTY FOR VIOLATIONS HEREOF; PROVIDING AN EFFECTIVE DATE FOR THE RATES CONTAINED HEREIN; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Kennedale, Texas is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the City of Kennedale has adopted ordinances establishing rates for water service and sanitary sewer service within and outside the city limits of Kennedale in compliance with Sections 23 -52 and 23 -79 of the Code of Ordinances of the City of Kennedale; and WHEREAS, the City Council has determined that it is in the best interests of the City of Kennedale to adopt a revised rate schedule in accordance with the provisions of Section 23 -52 and 23 -79 of the Code of Ordinances of the City of Kennedale. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KENNEDALE, TEXAS: SECTION 1 WATER RATES In accordance with the provisions of Section 23 -52 of the Code of Ordinances of the City of Kennedale, the following rate schedule is hereby adopted for monthly residential and commercial water usage. The total monthly charge shall be based on a base rate plus a volume charge. A. For service within the city limits: 1. Base Rate: METER SIZE BASE RATE RESIDENTIAL/ COMMERCIAL SENIOR/ DISABLED RATE MULTIPLE RESIDENTIAL UNITS ON SINGLE METER 3/4" $8.76 $4.82 $8.76 /Per Unit 1 $14.62 $8.04 $8.76 /Per Unit 1.5" $29.15 $16.03 $8.76 /Per Unit 2" $46.66 $25.66 $8.76 /Per Unit 3 $102.17 $56.19 $8.76 /Per Unit 4" $183.86 $101.12 $8.76 /Per Unit 2. Volume Charge: VOLUME RESIDENTIAL/ COMMERCIAL RATE SENIOR/ DISABLED RATE First 5000 Gallons* $2.58 Per 1000 Gallons $1.42 Per 1000 Gallons Over 5000 Gallons $4.86 Per 1000 Gallons $4.86 Per 1000 Gallons *For multiple residential units on a single water meter, the volume charge shall be calculated on a per unit basis by dividing the total volume of water used by the number of residential units. B. For service outside the city limits: Base Rate: METER SIZE BASE RATE RESIDENTIAL / COMMERCIAL MULTIPLE RESIDENTIAL UNITS ON SINGLE METER 3/4 $17.52 $17.52/Per Unit 1 $29.24 $17.52 /Per Unit 1.5" $58.30 $17.52 /Per Unit 2 $93.32 $17.52 /Per Unit 3" $204.34 $17.52 /Per Unit 4 $367.72 $17.52 /Per Unit 2. Volume Charge: VOLUME RESIDENTIAL/ COMMERCIAL RATE First 5000 Gallons* $2.58 Per 1000 Gallons Over 5000 Gallons $4.86 Per 1000 Gallons *For multiple residential units on a single water meter, the volume charge shall be calculated on a per unit basis by dividing the total volume of water used by the number of residential units. SECTION 2. SEWER RATES In accordance with the provisions of Section 23 -79 of the Code of Ordinances of the City of Kennedale, the following rate schedule is hereby adopted for monthly residential and commercial sewer charges: A. For residential sewer service within the city: B. For sewer service outside the city limits, double the charge for service within the City for the appropriate category of user. SECTION 3. DISCOUNT Qualifying senior citizens and disabled individuals are eligible to receive a discount on the residential water rates and sewer charges as set forth in this ordinance. A. A qualifying senior citizen is defined as an individual 65 years of age and older, verified by a photo identification and /or birth certificate, who applies for the discount and meets the following criteria: 1. Must reside on property located within the corporate city limits of the City of Kennedale and present proof of residency, photo identification, and a current electric bill; and 2. Must provide proof of annual household income, inclusive of all household residents, by submitting a Federal income tax return and /or RESIDENTIAL COMMERCIAL SENIOR/ DISABLED RATE Minimum $16.28 $27.13 $8.95 Volume Per 1000 Gallons $3.87 $4.24 $2.13 B. For sewer service outside the city limits, double the charge for service within the City for the appropriate category of user. SECTION 3. DISCOUNT Qualifying senior citizens and disabled individuals are eligible to receive a discount on the residential water rates and sewer charges as set forth in this ordinance. A. A qualifying senior citizen is defined as an individual 65 years of age and older, verified by a photo identification and /or birth certificate, who applies for the discount and meets the following criteria: 1. Must reside on property located within the corporate city limits of the City of Kennedale and present proof of residency, photo identification, and a current electric bill; and 2. Must provide proof of annual household income, inclusive of all household residents, by submitting a Federal income tax return and /or benefit letter from the Social Security Administration. The annual household income must not exceed $32,000.00; and 3. Must sign an affidavit verifying the accuracy of all information provided to the City to obtain the discount and agree to reimburse the City if any of the submitted information is found to be false. B. A qualifying disabled individual is defined as anyone whose disability is subject to verification by Tarrant County Appraisal District and /or Social Security Administration or Veterans Administration, who applies for the discount and meets the following criteria: 1. Must reside on property located within the corporate city limits of the City of Kennedale and present proof of residency, photo identification, and a current electric bill; and 2. Must sign an affidavit verifying the accuracy of all information provided to the City to obtain the discount and agree to reimburse the City if any of the submitted information is found to be false. C. Qualifying senior citizens or disabled individuals may only apply the discount on water rates and sewer charges to one residence in the City of Kennedale. All recipients of the discount must apply and complete an affidavit for the discount. Should a qualifying spouse become deceased, the surviving spouse will continue to receive the discount until the end of the fiscal year, which spans from October to the following September. D. If any of the submitted information in an application for a discount on the residential water rates and sewer charges established by this ordinance is found to be false, the individual who received the discount shall be required to reimburse the City for the amount of discount wrongfully received. SECTION 4. PENALTY Providing and /or verifying false information presented to the City for purposes of obtaining a discount pursuant to this ordinance is hereby declared a misdemeanor. A person convicted of verifying and /or providing false information to obtain a discount on water rates and sewer charges shall be punished by a fine not exceeding two hundred dollars ($200.00). SECTION 5. RATE EFFECTIVE DATE The rates established in this ordinance shall become effective the next billing cycle following the adoption of this ordinance (which is to begin the date after the meters are read for the current billing cycle). SECTION 6. CUMULATIVE CLAUSE This Ordinance shall be cumulative of all other ordinances of the City of Kennedale, and shall not repeal any of the provision of such ordinances except in those instances when provisions of such ordinances are in direct conflict with the provisions of this ordinance, in which the event the conflicting provisions of such ordinances are hereby repealed. SECTION 7. SEVERABILITY CLAUSE It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs, and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 8. EFFECTIVE DATE This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED, ADOPTED AND APPROVED by the City Council of the City of Kennedale, Texas, this the 12th day of March 2009. APPROVED: Mayor, Bryan Lankhorst ATTEST: Kathy Turner, City Secretary CITY OF KENNEDALE, TEXAS OFFICE OF THE CITY SECRETARY COUNCIL MEETING MINUTE SLIP DATE: MARCH 12, 2009 REGULAR ITEMS: ITEM NUMBER: VIII -e MOTION: COUNCIL MEMBERS MOTION SECOND AYE NAY ABSTAIN /ABSENT CLARK l JOHNSON MILLER GREENS TURNER r ORDINANCE/RESOLUTION NO. 429 CARRIED CONTRACT /AGREEMENT NO. FAILED FOLLOW UP: CITY SECRETARY'S FOLLOW UP: KENNEDALE ROADWAY IMPACT FEE ORDINANCE ORDINANCE NO. 429 AN ORDINANCE AMENDING ARTICLE II, ROADWAY IMPACT FEES, OF CHAPTER 20, STREETS AND SIDEWALKS, OF THE KENNEDALE CITY CODE (1992), AS AMENDED, BY REVISING ROADWAY IMPACT FEES TO BE COLLECTED ON NEW LAND DEVELOPMENT OR REDEVELOPMENT IN THE CITY LIMITS OF THE CITY OF KENNEDALE, TEXAS; REVISING EXHIBIT C, "SCHEDULE OF ASSESSED AND COLLECTED IMPACT FEES "; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Kennedale currently provides public roadway facilities that serve land within its City limits; and WHEREAS, the City is committed to providing public roadway facilities and minimum levels of service by utilizing funds allocated in the capital budget and capital improvements programming processes and relying upon the funding sources indicated therein; and WHEREAS, the City Council has determined that new residential and nonresidential development causes and imposes increased and excessive demands upon City facilities and services, including roadway facilities that would not otherwise occur; and WHEREAS, planning and zoning projections indicate that such development will continue and will place ever - increasing demands on the City to provide necessary public facilities; and WHEREAS, to the extent that such new development places demands upon the public facility infrastructure, the City Council has determined that those demands should be satisfied by shifting the responsibility for financing the provision of such facilities from the public at large to the developments actually creating the demands for them; and WHEREAS, in accordance with state law, the City Council has previously adopted impact fees to finance new development demands for roadway facilities; and WHEREAS, the Capital Improvements Advisory Committee and the City Council have reviewed the assessed and collected roadway impact fees adopted and have determined that the the previously adopted impact fees should be updated; and WHEREAS, the City Council now desires to update and amend the previously adopted roadway impact fees to reduce the amount of impact fees to be collected for certain land uses. Ordinance No. 429, Roadway Impact Fee Amendment(03.04.09) Pagel of 5 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KENNEDALE,TEXAS: SECTION 1. Exhibit C, "Schedule of Assessed and Collected Impact Fees attached hereto is hereby amended and adopted and shall replace Exhibit C attached to Ordinance No. 371 adopted July 12, 2007, codified in Article II, Chapter 20 of the Kennedale City Code. Sections 20 -30, 20 -31, 20 -33, and 20 -53 of the Kennedale City Code are hereby amended to read as follows: Sec. 20 -30. Service units. (a) Service units are established in accordance with generally accepted engineering and planning standards. (b) Service units utilized for calculation of roadway impact fees shall be as set forth in Exhibit C attached to Ordinance No. 429. (c) The city council may revise the calculation of service units according to the procedures set forth in V.T.C.A., Local Government Code ch. 395. Sec. 20 -31. Impact fees per service unit. (a) The assessed impact fee per service unit is computed by subtracting fifty (50) percent of the total projected cost of implementing the capital improvement plans from the capital construction cost in the capital improvement plans for that category of capital improvements, and dividing that amount by the total number of projected service units anticipated within the service area which are necessitated by and attributable to new development, based on the land use assumptions for that service area. The assessed roadway impact fees per service unit are set forth in Exhibit C, attached to Ordinance No. 429. (b) The assessed impact fees in Exhibit C attached to Ordinance No. 429 may be amended by the City Council according to the procedures set forth in V.T.C.A., Local Government Code ch. 395. (a) Following a request for a building permit or tap purchase for new development, the city manager shall compute impact fees due for the new development in the following manner: (1) The number of service units shall be determined as set forth in Exhibit C, attached to Ordinance No. 429; and (2) The total service units shall be multiplied by the appropriate per -unit fee amount determined as set forth in section 20 -31. Ordinance No. 429, Roadway Impact Fee Amendment(03,04.09) Page 2 of 5 (b) The total amount of each impact fee due for a new development shall not exceed the amounts shown in Exhibit C attached to Ordinance No. 429. (c) Separate impact fees shall be calculated for water, wastewater, and roadway facilities. Sec. 20 -53. Roadway impact fees. (a) The maximum impact fee values per service unit for roadway facilities are hereby adopted and incorporated in Exhibit C attached to Ordinance No. 429. (b) The maximum impact fee values per service unit for roadway facilities may be amended from time to time, pursuant to the procedures in section 20 -30. SECTION 2. CUMULATIVE CLAUSE This Ordinance shall be cumulative of all provisions of ordinances of the City of Kennedale, Texas, except where the provisions of this Ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. Ordinance No. 1, as amended by Ordinance Nos. 138, 159, and 371 shall remain applicable to the assessment'and collection of impact fees on properties that are not subject to the assessment and collection of impact fees under this Ordinance. SECTION 3. SEVERABILITY CLAUSE It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this Ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Ordinance, since the same would have been enacted by the City Council without the incorporation in this Ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 4. EFFECTIVE DATE This Ordinance shall be in full force and effect from and after its passage, and it is so ordained. PASSED AND APPROVED ON this the 12 day of March, 2009. ATTEST: Kathy Turner, City Secretary Mayor, Bryan Lankhorst Ordinance No. 429, Roadway Impact Fee Amendment(03.04.09) Page 3 of 5 APPROVED AS TO FORM AND LEGALITY: Wayne K. Olson, City Attorney Ordinance No. 429, Roadway Impact Fee Amendment(03.04.09) Page 4 of 5 EXHIBIT C SHEDULE OF ASSESSED AND COLLECTED IMPACT FEES The assessed roadway impact fee per LUE is $1,336.33 MAXIMUM AND COLLECTED ROADWAY IMPACT FEES FOR VARIOUS LAND USES LAND USE UNIT LUE EQUIVALENCY MAXIMUM IMPACT FEE PER UNIT COLLECTED IMPACT FEE PER UNIT Low Density Residential Dwelling Unit 1.00 $1,336.33 $1,336.33 Medium Density Residential Dwelling Unit 1.00 $1,336.33 $1,336.33 High Density Residential Dwelling Unit 0.61 $820.32 $820.32 Commercial / Retail 1000 Sq. Ft. 2.07 $2,771.10 $923.70 Office 1000 Sq. Ft. 1.48 $1,971.42 $657.14 Industrial 1000 Sq. Ft. 0.97 $1,296.64 $324.16 Schools Student 0.11 $148.19 $148.19 Ordinance No. 429, Roadway Impact Fee Amendment(03.04.09) Page 5 of 5 Date: March 12, 2009 Agenda Item No: VIII -e, Subject: Review and Consider approval of ordinance revising Roadway Impact Fees Originated by: Bob Hart Summary: In mid 2007 the City adopted a Street Impact Fee. The fees were based on the maximum amount that could be collected. At the time, the focus was on the residential impact fees with no discussion on the commercial and industrial side. With the recent business development activity in South Kennedale we realized that the fee structure would have a paralyzing effect on business development. Consequently, staff has reviewed the collection level of the ordinance and recommends a reduction in fees. Staff will discuss the ordinance and recommended reductions in fees during the workshop. Recommendations: City Staff recommends approval of the attached ordinance. Disposition by Council: 2007 KENNEDALE ROADWAY IMPACT FEE ORDINANCE ORDINANCE NO. 429 AN ORDINANCE AMENDING ARTICLE II, ROADWAY IMPACT FEES, OF CHAPTER 20, STREETS AND SIDEWALKS, OF THE KENNEDALE CITY CODE (1992), AS AMENDED, BY REVISING ROADWAY IMPACT FEES ON NEW LAND DEVELOPMENT OR REDEVELOPMENT IN THE CITY LIMITS OF THE CITY OF KENNEDALE, TEXAS; PROVIDING FOR THE ASSESSMENT AND COLLECTION OF IMPACT FEES; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City >:,of Kennedale currently provides public roadway facilities that serve land within its City limits; and WHEREAS, the City is `committed to providing public roadway facilities and minimum levels of service by utilizing funds allocated in the capital budget and capital improvements programming processes and relying ; ,upon the funding sources indicated therein; and WHEREAS, the City Council, has determined that new residential and nonresidential development causes and imposes increased and excessive demands upon City facilities and services, including roadway facilities that would not otherwise occur; and WHEREAS, planning and zoning projections indicate that such development will continue and will place ever - increasing demands on the City to provide necessary public facilities; and WHEREAS, to the extent that such new development places demands upon the public facility infrastructure, the City Council has determined that those demands should be satisfied by shifting the responsibility for financing the provision of such facilities from the public at large to the developments actually creating the demandsfor them; and WHEREAS, in accordance with state law, ` the City Council has previously adopted impact fees to finance new development demands for''roadway facilities; and WHEREAS, in accordance with the notice, adoption, promulgation and methodology required by Chapter 395 of the Texas Local Government Code, the Capital Improvements Advisory Committee and the City Council have reviewechhe assessed roadway impact fees adopted and have determined that the the previously adopted impact fees should be updated; and WHEREAS, the City Council now desires to update and amend the previously adopted roadway impact fees in accordance with state law. Ordinance No. 429, Roadway Impact Fee Amendment(03.04.09) Page I of 5 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KENNEDALE, TEXAS: SECTION 1. Exhibit C, "Schedule of Assessed and Collected Impact Fees attached hereto is hereby amended and adopted and shall replace Exhibit C attached to Ordinance No. 235 adopted May 9, 2002, codified in Article II, Chapter 20 of the Kennedale City Code. SECTION 2. Sections 20 -30, 20 -31, 20 -32, 20 -33, and 20 -53 of the Kennedale City Code are hereby amended to read as follows: Sec. 20 -30. Service units. (a) Service units are established in accordance with generally accepted engineering and planning standards. (b) Service units utilized for calculation of roadway impact fees shall be as set forth in Exhibit C attached to Ordinance No. 429. (c) The city council may revise the calculation of service units according to the procedures set forth in V.T.C.A., Local Government Code ch. 395. Sec. 20 -31. Impact fees per service unit. (a) The assessed impact fee per service unit is computed by subtracting fifty (50) percent of the total projected cost of implementing the capital improvement plans from the capital construction cost in the capital improvement plans for that category of capital improvements, and dividing that amount by the total number of projected service units anticipated within the service area which are necessitated by and attributable to new development, based on the land use assumptions for that service area. The assessed roadway impact fees per service unit are set forth in Exhibit C, attached to Ordinance No. 429. (b) The assessed impact fees in Exhibit C attached to Ordinance No. 429 may be amended by the City Council according to the procedures set forth in V.T.C.A., Local Government Code ch. 395. Sec. 20 -32. Assessment of impact fees. (a) The approval of any subdivision of land for any new development shall include as a condition the assessment of the impact fees applicable to such development. (b) Impact fees for any new development shall be based upon the impact fee per service unit set forth in the Schedule of Assessed and Collected Impact Fees in effect at the time of assessment, and shall be assessed as follows: (1) For a new development which was final platted pursuant to the city's subdivision regulations before adoption of Ordinance No. 235 on May 9, 2002, assessment shall be the maximum impact fee adopted in Ordinance No. 235. Ordinance No. 429, Roadway Impact Fee Amendment(03.04.09) Page 2 of 5 (2) For a new development which has received final plat approval pursuant to the city's subdivision regulations after the adoption of Ordinance No. 235 on May 9, 2002, assessment shall be the maximum impact fee in effect on the date of final plat recordation. (c) Following assessment of the impact fees pursuant to subsection (b) of this section, no additional impact fees or increases thereof shall be assessed against that development unless the number of service units increases. (d) Following the lapse or expiration of approval for a plat, a new assessment must be performed at the time a new plat for such development is filed. Sec. 20 -33. Calculation of impact fees. (a) Following a request for a building permit or tap purchase for new development, the city manager shall compute impact fees due for the new development in the following manner: (1) The number of service units shall be determined as set forth in Exhibit C, attached to Ordinance No. 429; and (2) The total service units shall be multiplied by the appropriate per -unit fee amount determined as set forth in section 20 -31. (b) The total amount of each impact fee due for a new development shall not exceed the amounts shown in Exhibit C attached to Ordinance No. 429. (c) Separate impact fees shall be calculated for water, wastewater, and roadway facilities. Sec. 20 -53. Roadway impact fees. (a) The maximum impact fee values per service unit for roadway facilities are hereby adopted and incorporated in Exhibit C attached to Ordinance No. 429. (b) The maximum impact fee values per service unit for roadway facilities may be amended from time to time, pursuant to the procedures in section 20 -30. SECTION 2. CUMULATIVE CLAUSE This Ordinance shall be cumulative of all provisions of ordinances of the City of Kennedale, Texas, except where the provisions of this Ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. Ordinance No. 1, as amended by Ordinance Nos. 138, 159, and 371 shall remain applicable to the assessment and collection of impact fees on properties that are not subject to the assessment and collection of impact fees under this Ordinance. Ordinance No. 429, Roadway Impact Fee Amendment(03.04.09) Page 3 of 5 SECTION 3. SEVERABILITY CLAUSE It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this Ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Ordinance, since the same would have been enacted by the City Council without the incorporation in this Ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 4. EFFECTIVE DATE This Ordinance shall be in full force and effect from and after its passage, and it is so ordained. PASSED AND APPROVED ON this the 12 day of March, 2009. ATTEST: Mayor, Bryan Lankhorst Kathy Turner, City Secretary APPROVED AS TO FORM AND LEGALITY: Wayne K. Olson, City Attorney Ordinance No. 429, Roadway Impact Fee Amendment(03.04.09) Page 4 of 5 AX.9rfl L3:1=1�1114�]y_f±��i71IZi7�x•�i7 ►1 �17_T•i The assessed roadway impact fee per LUE is $1,336.33 The actual amount of impact fee to be collected per LUE is $1,336.33 LAND USE UNIT LUE EQUIVALENCY MAXIMUM IMPACT FEE PER UNIT COLLECTED IMPACT FEE PER UNIT Low Density Residential Dwelling Unit 1.00 $1,336.33 $1,336.33 Medium Density Residential Dwelling Unit 1.00 $1,336.33 $1,336.33 High Density Residential Dwelling Unit 0.61 $820.32 $820.32 Commercial / Retail 1000 Sq. Ft. 2.07 $2,771.10 $923.70 Office 1000 Sq. Ft. 1.48 $1,971.42 $657.14 Industrial 1000 Sq. Ft. 0.97 $1,296.64 $324.16 Schools Student 0.11 $148.19 $148.19 Ordinance No. 429, Roadway Impact Fee Amendment(03.04.09) Page 5 of 5 CITY OF KENNEDALE, TEXAS OFFICE OF THE CITY SECRETARY COUNCIL MEETING MINUTE SLIP DATE: MARCH 12, 2009 RECESS INTO EXECUTIVE SESSION: ". K PM RECONVENE INTO OPEN SESSION: PM REGULAR ITEMS: ITEM NUMBER: IX - X MOTION: COUNCIL MEMBERS MOTION SECOND AYE NAY ABSTAIN /ABSENT CLARK JOHNSON MILLER GREEN TURNER ORDINANCE/RESOLUTION NO. CARRIED CONTRACT /AGREEMENT NO. FAILED FOLLOW UP: CITY SECRETARY'S FOLLOW UP: 23%= To the Honorable Mayor and City Council Date: March 4, 2009 Agenda Item No: Ix. 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. 1. Chapter 380, Economic Development Agreement 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: I . Expansion of Sonora Park 2. TownCenter Development 3. New Hope Road properties 4. Kennedale Parkway properties 5. Bowman Springs Road re- alignment properties Disposition by Council: To the Honorable Mayor and City Council Date: March 4, 2009 Subject: Reconvene into open session. Originated by: Kathy Turner, City Secretary Summary: City Council met in executive session pursuant to Section 551.071, and Section 551.072, of the Texas Local Government Code. City Council will reconvene into open session, and take action necessary pursuant to executive session, if needed. Recommendation: Disposition by Council: