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2016_01.18 CC Packet KENNEDALE You're Here,Your Home www.cityofkennedale.com KENNEDALE CITY COUNCIL AGENDA REGULAR MEETING January 18, 2016 CITY HALL COUNCIL CHAMBERS, 405 MUNICIPAL DRIVE WORK SESSION at 5:30 PM REGULAR SESSION at 7:00 PM I. CALL TO ORDER II.WORK SESSION *NOTE: Pursuant to Section 551.071, Texas Government Code, the City Council reserves the right to adjourn into Executive Session at any time during the work session or the regular session to discuss posted executive session items or to seek legal advice from the City Attorney on any item posted on the agenda. A. Joint Work Session to discuss the Uniform Development Code with the Planning and Zoning Commission and LSL Planning, Inc. representatives III. REGULAR SESSION IV. ROLL CALL V. INVOCATION VI. UNITED STATES PLEDGE VII. TEXAS PLEDGE "Honor the Texas Flag; I Pledge Allegiance to Thee, Texas, One State under God; One and Indivisible." VIII. 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. IX. REPORTS/ANNOUNCEMENTS In addition to any specific matters listed below, the city council may receive a report about items of community interest, including but not limited to recognition of individual officials, citizens or departments, information regarding holiday schedules, upcoming or attended events, etc. A. Updates from City Council B. Updates from the Mayor C. Updates from the City Manager 405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817-985-2100 1 Fax: 817-478-7169 X. MONITORING INFORMATION A. Monthly Financials- November and December 2015 B. Executive Limitations C. Ends Review- Balanced Scorecard XI. INCIDENTAL ITEMS A. Review and accept the Police Department 2015 Racial Profiling Report B. Review the Charter Review Committee report and consider directing staff to call an election XII. REQUIRED APPROVAL ITEMS (CONSENT) All matters listed under required approval items (consent) have been previously discussed, require little or no deliberation, or are considered to be routine by the council. If discussion is desired, then an item will be removed from the consent agenda and considered separately. A. Consider approval of minutes from December 14, 2016 meeting B. Consider adopting Resolution 475, amending authorized representatives of TEXPOOL local government investment pool C. Consider adopting Resolution 476, amending authorized representatives of Texas short term asset reserve program (TEXSTAR) local government investment pool D. Consider adopting Resolution 477, amending authorized representatives of Texas Term/Texas Daily local government investment pool E. Consider authorizing the city manager to execute a contract with Linebarger, Goggan, Blair, and Sampson, LLP to collect delinquent taxes for the City F. Authorize filing a statement of correction with the Tarrant County Clerk's Office correcting errors made in a plat abandonment recorded in D214210746 and approve abandonment of a portion of the Swiney Estates plat. G. Approval of beer and wine sales at the Brickworks Festival H. Approve Schedule of Investment Activity for quarter ending December 31, 2015 XIII. DECISION ITEMS A. CASE # PZ 15-13 Public hearing and consideration of approval of Ordinance No 587 regarding a request by Kennedale Economic Development Corporation for a zoning change from "AG" Agricultural to "PD" Planned Development zoning district for single family residential use for that approximately 8-acre portion outside the floodplain of an approximately 15.6 acre tract, belonging to Ethel Swiney and located in the David Strickland Survey A-1376, Tarrant County, Texas. The property is mostly located east of the former Williamson Drive as shown on the plat abandonment recorded in Tarrant County Clerk's instrument number D214210746. Addresses include 1201, 1305, & 1307 Bowman Springs Rd. 1. Staff presentation 2. Applicant presentation 3. Public Hearing 4. Applicant response 5. Staff response and summary 6. Action by the City Council B. CASE # PZ 15-16 Public hearing and consideration of approval of Ordinance 588 regarding a city-initiated rezoning from "C-2" General Commercial District to "AG"Agricultural District on a 29.43 acre lot located at 3925 Kennedale New Hope Rd., legal description of Joel Snider Survey A1448 Tr 1 A. 1. Staff presentation 2. Public hearing 3. Staff response and summary 4. Action by the City Council C. Present recommended rate schedule and approve Water and Sewer Rates Ordinance 589 effective for bills paid in March. XIV. EXECUTIVE SESSION A. 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. 5401 High Ridge Road 2. 5400 and 5404 Kennedale Road B. The City Council may meet in closed session at any time during the work session or the regular 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 the following items: 1. Floodplain amortization and remediation 2. Land use amortization (6727 Hudson Village Cemetery Road) 3. Municipal setting designation (MSD) 4. Corp of Engineers Section 205 CAP land acquisition parameters 5. Eminent domain with environmental cleanup guidelines XV. RECONVENE INTO OPEN SESSION,AND TAKE ACTION NECESSARY PURSUANT TO EXECUTIVE SESSION, IF NEEDED XVI.ADJOURNMENT In compliance with the Americans with Disabilities Act, the City of Kennedale will provide for reasonable accommodations for persons attending City Council meetings. This building is wheelchair accessible, and parking spaces for disabled citizens are available. Requests for sign interpreter services must be made forty-eight (48) hours prior to the meetings. Please contact the City Secretary at 817.985.2104 or(TDD) 1.800.735.2989 CERTIFICATION I certify that a copy of the January 18, 2016, agenda was posted on the City Hall bulletin board next to the main entrance of the City Hall building, 405 Municipal Drive, of the City of Kennedale, Texas, in a place convenient and readily accessible to the general public at all times and said agenda was posted at least 72 hours preceding the schedule time of said meeting, in accordance with Chapter 551 of the Texas Government Code. az� Leslie Galloway, City ecretary KENNEDALE You're Here,Your Home www.cityofkennedale.com Staff Report to the Honorable Mayor and City Council Date: January 18, 2016 Agenda Item No: WORK SESSION -A. I. Subject: Joint Work Session to discuss the Uniform Development Code with the Planning and Zoning Commission and LSL Planning, Inc. representatives II. Originated by: III. Summary: LSL Planning will give a presentation on the blueprint for the zoning code update (Unified Development Code)with Council and the Planning and Zoning Commission. IV. Fiscal Impact Summary: V. Legal Impact: VI. Recommendation: VII.Alternative Actions: VIII.Attachments: 1. Code Update Blueprint lKennedale UDC Blueprint 1-8-16 w-o Audit. df 405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817-985-2100 1 Fax: 817-478-7169 Unified Development Code Blueprint Task 3. 1 6 V E DA Texal, i EST. 1887 YOU'RE HERE YOUR HOME January 8, 2016 MI LSL Planning i:� A SAFEbuilt.Company This page intentionally left blank ImlLSL Planning A SAFEbuilt,Company January 8, 2016 Rachel Fbberts, AICP Director of Community Development City of Kennedale 405 Municipal Drive Kennedale, TX 76060 Subject: Task 3.1 Unified Development Code Blueprint Ms. Fbberts. We have reviewed the citys current zoning code, subdivision ordinance and all other development related documents. Enclosed within this project"Blueprint" are materials that will serve as the basis for revising the existing ordinances and creating the Unified Development Code ("UDC"). The Blueprint document includes our recommendations concerning the direction of the project, an outline of the overall structure of the UDC, a summary of stakeholder and public input, and a full technical audit of the city's ordinances. Additionally, we have included a style guide and sample article layout to show proposed formatting, style and grammar. We look forward to discussing this information and the proposed structure of the UDC with you and city officials on January 18. While we anticipate changes and revisions during the steering committee review meetings and expect that a number of important decisions will be made later in the process, our primary goal is to achieve consensus on the general direction, focus and structure of the UDC. O nce this occurs, we will swiftly proceed into the core of the project scope— creating and writing the initial working draft text (Task 3.4). S ncerely, L1131-PLANNING`A SAFEBuiLT ComPANY Paul M. LeBlanc, AICP David M. Jirousek, AICP Ranning Manager Senior Ranner 15 Ionia SW, Ste. 450 Grand F;bpids, MI 49503 T.616.336.7750 F.248.586.0501 www.La_Ranning.com This page intentionally left blank 2 City of Kennedale UDC Blueprint i. Introduction Overview We have made significant progress during the initial stages of the UDC project. A full technical audit has been finalized and we have prepared recommendations and a template for the new UDC. This "Blueprint" document requires careful review and consensus concerning the design, layout and content of the future document before we actually begin drafting the new ordinance (Task 3.4). Kennedale, like most communities, has a long list of ordinances and requirements dealing with land use, development, traffic, environmental protection and other matters related to the protection of public health, safety and welfare. This menu of regulations and standards is intended to protect the interests of the community and has been added to and revised over many years as needs change and new issues emerge. As recent as 2015, the second phase of the Employment Center District and the interim Neighborhood and Urban Village Overlay Districts were prepared and adopted. Because of numerous amendments over the years, conflicts have arisen between various ordinances, procedural complications have become apparent; interrelated requirements are scattered among dissimilar ordinances, and originally well-intentioned rules may now impede progress. While each amendment served an important purpose, the intent of this project is a comprehensive update to the ordinances within a "unified" ordinance. LSL completed a review of the city's ordinances and standards related to community development, resulting in a detailed technical assessment of the requirements, procedures, overlap and conflicts, along with recommended changes to address these items(Task 2.2). Aside from initial on-site reconnaissance, interviews and surveys, this was the most significant assessment to-date. The following ordinances were reviewed: ■ Fencing and Screening, Chapter 4, Article VIII ■ In General, Chapter 17, Article I ■ Panning and Zoning Commission, Chapter 17, Article II ■ Erosion and Sediment Control, Chapter 17, Article III ■ Rood Damage Prevention, Chapter 17, Article IV ■ Subdivisions, Chapter 17, Article V ■ Zoning, Chapter 17, Article M (including Employment District Code and NV/UV O verlays) ■ Sgns, Chapter 17, Article VII ■ Landscape Standards, Chapter 17, Article VIII ■ Felated Ordinances(Amusement Machine Establishments, Sexually Oriented Businesses, Secondary Metal Fbcyclers, Garage Sales, Alcoholic Beverages, Manufactured Homes/F\/s, Natural Fesources Management, Fbst Construction Finoff, Sewers and Sewage Disposal, Stormwater Protection, Wellhead Protection Areas) Each of the documents was broadly reviewed initially relative to content, structure, overlap and gaps. Additionally, the ordinanceswere evaluated in greater detail, section by section, to �LSL E1anning Page 1-1 Introduction City of Kennedale UDC Blueprint identify specific shortcomings and how the regulations relate to one another. General findings show the need to: ■ Create a consolidated code that incorporates related development regulations. ■ Simplify and clarify wording. ■ Fborganize the ordinance structure. ■ Eliminate redundancy and conflicts. ■ Pevise review procedures to create uniformity and predictability. ■ Incorporate more detailed decision-making standards/criteria. ■ Modify specific requirements. ■ Develop specific zoning tools to implement the Comprehensive Ran (form-based code). ■ Pepeal or amend existing related ordinances and include regulations within the UDC. These challenges are not unique to Kennedale. The first step in addressing them is to identify them and sort out the solutions. This report is intended to provide the city leaders and staff with a comprehensive review of the various community development-related regulations and to identify obstacles that may be inhibiting their effectiveness. Just as important as a cleanup and reorganization of the code, this report also includes recommendations and potential tools for the implementation of the Comprehensive Ran. The existing regulations do not allow the city to consider and approve new development scenarios and achieve the vision consistent with the Comprehensive Ran. Soecifically, true form-based districts will implement the Neighborhood and Urban Village future land use recommendations and will help create more walkable and compact mixed-use development. A combination of selected form-based elements, design guidelines and architectural requirements may apply to corridors and other priority areas such as the Employment Center District and the Old Town. This document summarizes recommendations related to each of the ordinances and documents that were reviewed and a detailed technical assessment of the zoning, subdivision and related ordinances. While it is detailed, the review is not exhaustive. It is intended to offer guidance to staff and decision-makers for improving the regulations, addressing inconsistencies, strengthening requirements and making the city's procedures more user- friendly. Ultimately, this assessment will guide the creation of the UDC. What's in the Blueprint? The Blueprint will not only serve as the guide for the new UDC, but it will help focus policy discussions related to necessary changes. The Blueprint addresses the following: • Part II. General %commendations. While many very specific recommendations are included in the Technical Audit (Part VIII), broader recommendations for new districts, consolidation, changes and procedures are highlighted in this section of the report. • Part III. Table of Contents. A draft table of contents has been prepared that illustrates how the UDC will be organized. It is broken down into "parts" and "articles." While not included in the Blueprint, detailed regulations within each article will be further �LSL E1anning Page 1-2 Introduction City of Kennedale UDC Blueprint divided into "sections." The table of contents within this Blueprint is considered a first draft of the overall structure and it is likely to evolve as we proceed. • Part IV. Stakeholder Input. Over a two-day period, LSL conducted a number of one- on-one interviews with representatives of the community, developers and business interests. Additionally, a focus group session was facilitated with HOA representatives. The purpose of these sessions was to seek additional community background information and to identify priorities and issues relating to the use of land and development. A summary of the significant comments and observations derived from these individuals and groups has been provided in this report. • Part V. Sample Article Layout. A sample layout has been provided to show how a typical article will look and be organized. This example is not intended to be reviewed for its content, but rather is an illustrative example of the proposed UDC format. Color schemes and basic design elements can be revised to meet the visual preference of city officials. • Part VI. Style Guide. This section defines the layout, organization and grammar to be used in the new ordinance. If the city wishes to modify or deviate from this style guide, now is the time to do so. Any changes must be agreed upon and established before we proceed to prepare the reorganized document. The style guide will establish the format for the UDC. • Part VII. Summary Survey Results. A general community survey was open for about two months. Additionally, based on a low turnout at the public workshop on October 12 (Task 2.5), an extra visual preference survey was prepared and posted online for another opportunity for public input. Summary input from the survey has been provided and key preferences from the visual survey are included in this section. The visual preferences will be carefully assessed as they relate to the development of the Neighborhood and Urban Village form-based districts. • Part VIII. Technical Audit. An audit of the current land development regulations has been completed and offers suggestions based on experience with other communities, zoning ordinances and litigation, familiarity with "best inning practices,"and innovative inning techniques. Many of the suggested changes are considered minor "house-keeping" items that can be addressed with the concurrence of city staff. Others are identified as "major," or significant, and will require careful consideration by the steering committee and staff. Finally, there are substantive "policy" proposals that may take city council concurrence because they suggest a new direction, a change in philosophy or could affect a sizeable segment of the community. �LSL E1anning Page 1-3 Introduction City of Kennedale UDC Blueprint This page intentionally left blank M Planning Page 1-4 Introduction City of Kenneclale UDC Blueprint II. General Iee®rnmenclations Overview The following substantive recommendations, in addition to those cited in the technical audit, are offered as a result of the audit, stakeholder input, interviews, surveys, meeting minutes and field observations. While there are many options for achieving the general objectives for improving the city's land development regulations, the technical audit and input from stakeholders and staff suggest several substantive recommendations for consideration. The extent to which some or all of these recommendations are supported will determine the overall framework and key provisions of the deliverable. These include: Unified Development Code Format and Outline It is assumed that there is general, perhaps unanimous, agreement that the city would be best served by consolidating all existing land development regulations into a Unified Development Code. The UDC would be designed to: • Be more readable, the use of legalese throughout the city ordinances should be eliminated. The use of legalese is typically a symptom of complicated and convoluted statements or paragraphs. The UDC should be written in clear and concise language, understandable to the everyday resident. • Diminate redundancy and conflicting provisions. • Be organized to facilitate its usability. • Establish standards to guide decisions and improve predictability. • Combine inning, subdivisions and development-related ordinances. Section III of the Blueprint includes the overall proposed outline and content of the UDC. As we move forward with the initial draft, an "annotated" outline will be maintained that notes the existing section numbers and the location of existing language in the new UDC. Where gaps and needs are evident, new materials and sections will be prepared and proposed to the steering committee. Employment Center District Many of the requirements of the current Employment Center District such as lighting, landscaping, signs, sidewalks and screening can be incorporated into the UDC for more general application citywide. Overall, the Employment Center District should be significantly reduced to its core elements- land use regulations, building requirements and dimensional/spatial standards. Additionally, we recommend that the entire approach to the Employment District Master Ran be implemented by a single mixed-use district. To implement the Master Plan with several "sub-districts" adds unnecessary layers to the UDC and extra complication. Additionally, the trend of the Employment Center District is becoming one of single-purpose and specialized districts to implement the specific land use recommendations of the Master Ran. Implementation of the entire concept could be accomplished by a flexible mixed-use district that includes intent statements and requirements that are tied directly to the Master Ran. �1L�L ,>i,;,,,, ,;o Page 2-1 Fbcommendations City of Kennedale UDC Blueprint The relationship between the mixed-use district and the Master Ran would be direct- the list of land uses for the new district would be consistent with the desired uses. Development applications would be required to be consistent with the Master Ran. Therefore, a comprehensive mixed-use district could accomplish the same general intent as single-purpose zoning districts or sub-districts, but without the added layers and complication of new districts. Setbacks and other dimension requirement could be continued to be regulated by street type. One note of caution, we specifically recommend the elimination of the Green Corridor Sub-District 1. If the Zoning Map is amended to adopt this sub-district to the full extent of the Employment District Master Ran, entire parcels of land would be undevelopable strictly based on a zoning district prohibiting all use. Understanding the intent is to protect the escarpment from development, we recommend "steep slope" or"hillside" development regulations that could be specific to any development on land over a certain slope with the city, or specific to steep topography within the Employment Center District. Zoning Districts Each of the current districts should be carefully considered during the update process. Unused or limited use districts should be removed, especially if there is overlap between allowed uses and dimensional/spatial requirements. At this point, we do not recommend deleting any particular zoning districts outside the Employment Center District, but there could be the potential to delete one residential and one commercial district. In either case, the remaining districts should be revised to better define their purpose and we must ensure that allowed uses are consistent with that purpose. Additionally, dimensional requirements must remain relevant to current conditions. Corridors The Comprehensive Ran also indicates a desire to create more pedestrian-friendly, mixed-use corridors. While a laudable goal, based on our experience elsewhere and knowledge of current national retail trends, there is a limit to the amount of retail development Kennedale, or any community, can support. While form-based codes are an effective tool for regulating infill development to reinforce and enhance places that are already inherently compact, walkable, and mixed use, they have less applicability to corridors that are anticipated to remain substantially as they are, primarily single-use and auto-oriented, such as the Kennedale commercial corridors. Father than rezoning large corridors to be mixed-use or form-based districts, it may be preferable to improve the pedestrian realm through new signage and streetscape standards(including street trees). Basic development standards can also be improved, with an emphasis on building orientation and the location (and amount) of parking. Form-Based Districts for UV and NV Centers Implementing the Comprehensive Pan through Form-Based 3andards Form-based codes focus primarily on the physical character, relationship to the street, design elements, appropriate scale and intensity of development, rather than focusing (almost) exclusively on land use. They also define the public realm, with an emphasis on the relationship between private development and public streets and other public spaces. Form-based codes may include basic architectural standards, but these are frequently "style neutral" with an emphasis on quality building LPL >i,,,,, , i Page 2-2 Fbcommendations City of Kenneclale UDC Blueprint materials and building elements that breakdown the scale of buildings to make them pedestrian- oriented. We believe they will be particularly appropriate for creating the new Neighborhood and Urban Villages envisioned in the Comprehensive Ran. To this end, a form district typically applies different standards to its more intense or core areas than to its edges— placing an emphasis on compatible building forms and scale transitions to adjacent areas, rather than the conventional Euclidean zoning custom of requiring "buffers" between them, which actually works against compact development by increasing separation and reducing walkability. We anticipate developing a "menu" of building form standards across a range of intensity and street frontage types to accommodate mixed-use buildings, some of which may require retail shopfronts on the ground level, as well as some that would allow retail without requiring it. In addition, some form standards should also accommodate single-uses, whether offices or urban residential forms, in the village core, or"missing middle" residential forms, in a less intense scale such as townhouses, to transition from the village edges to surrounding neighborhoods. The key is that regardless of building form, the district standards establish a relationship between buildings and the street and between other individual buildings. Similarly, the street type standards may vary from those with wide sidewalks, street trees, and on-street parking to accommodate shopping and restaurants; to others that may have a more "green" character with narrower sidewalks and continuous planting strips between the sidewalk and curb, recogniang that they will play a different role within the future village. Another important feature of form-based development districts is the reduction of minimum parking requirements and a move towards shared parking. The concept of the new Neighborhood and Urban Villages being "park once" districts will be fundamentally important to creating a bicycle- and pedestrian-friendly environment that is also "transit-ready". Applicability The current context—both the existing character of the built environment and the existing development regulations(standards and processes)—is key. Where and how will the new form district standards apply?Although the designated Neighborhood and Urban Villages in the Comprehensive Ran should be the priority locations, they may not all be equally situated (economically, politically, strategically, environmentally)for redevelopment. Where is new growth anticipated or redevelopment desired? What is the desired character and intensity of each area? How strong is the market? In addition, the villages have been designated in such a general manner that the exact location/boundaries will need to be determined and officially mapped before any new development standards can be used. Answers to these questions will be based on our initial review, feedback and reconnaissance. Approach The new form-based district development standards(generally building form, street types, and parking standards)are recommended for a targeted number of villages that are "ripe" for redevelopment based either on key geographic location or when the property owners in the designated Village locations are ready to redevelop. These boundaries of these areas will be mapped and the core and edges of the districts will be determined. Alternatively, the Neighborhood and Urban Village form-based districts will be available as an optional code, for owners of land within other areas designated within the Comprehensive Ran, but are "less ripe" for development. Individual owners can choose whether to use their existing underlying �1L�L ,},y.} I Page 2-3 Fbcommendations City of Kenneclale UDC Blueprint zoning or to opt to use the new form standards. We anticipate that rezoning and developing under the option code in the secondary target areas would be more desirable for landowners to be an incentive over traditional zoning designations. Subdivisions O ne of the primary issues and concerns with the subdivision ordinance is the lack of a clear process for construction and bonding as it relates to approval and recording of a final plat. We work with a number of communities that require that all site improvements are finalized and accepted prior to the approval and recording of a final plat. O n the contrary, other communities have clear infrastructure bonding requirements and timelines for project completion. The former approach ensures that an individual purchasing a lot is able to apply for a building permit upon dosing and occupy a structure without concern for the timing of infrastructure completion. The latter approach allows one to purchase a lot, however, permitting and occupancy are directly affected by the timing and success of completion. Both approaches are intended to protect the purchasers of lots. Infrastructure bonding can help to ensure completion, but we have experienced extremely long and drawn out processes for actually pursuing payout or requiring completion of the infrastructure and improvements by bonding companies. Bonds rarely account for contingencies, administration and legal fees associated with enforcement. Therefore, we recommend that site improvements be completed before final plat approval or recording. However, should the city wish to allow the bonding process, it should be limited to minor elements that would not directly affect a lot owner or cause significant detriment or unsafe conditions if delayed or not completed. A very clear, predictable and enforceable process and set of requirements should be developed in this project. Plan Reviews While all applicants receive a high level of customer service and staff assistance, the review and amendment processes, timeframes, requirements and approval authorities must be clarified in the UDC. There are varying requirements and expectations for the plans received from developers and landowners. We recommend greater uniformity and consistency between site plan requirements for various type of applications. For example, two "levels" of plans are recommended: 1 . Preliminary Ste Pans A less detailed site plan is recommended for all RD sizes, during review of preliminary plats and potentially for special exception review by the board of adjustment. However, all plans should be professionally prepared and show roads, parking, buildings and landscaping. Additionally, plans should include initial stormwater, grading and utility plans. A preliminary site plan should include sufficient information for all reviewing parties to make informed "policy" decisions concerning PDs and to ensure special exceptions and plats meet the review standards. 2. Final Ste Rans. Detailed site plans are a significant investment by a developer and landowner so they should be required after RD and special exception approval. Final site plans are typically reviewed by the administrator and engineer to ensure compliance with the UDC standards and construction requirements. A final site plan would also be appropriate for planning and zoning commission and city council review of conditional use permits. Final site plans should include all final locations of site improvements and all final stormwater, grading and utility plans. Additionally, final site plans should be approved for developments prior to final plat approval. LPL ,>i,;,,,, ,;o Page 2-4 Fbcommendations City of Kenneclale UDC Blueprint While there could be Slight variations in requirements for different review processes, a "two-level" approach is generally recommended to strive for uniformity and consistency among the expectations of developers and applicants. The code, however, could make the preliminary plan optional, allowing the applicant to submit the more detailed (and costly) plan initially in the interest of saving time. Additionally, projects with minimal improvements could be reviewed as"sketch plans" with basic submittal requirements. Planned Developments While planned development is a valuable tool in zoning, the current RD regulations should be overhauled. The overall process is unclear and the intent should be focused on implementing the Comprehensive Ran and achieving a recognizable public benefit through flexibility and incentives. The rezoning to FD should be a policy decision based on a preliminary set of plans. After the zoning map is amended and the associated RD preliminary development plan approved, final site plans should be approved administratively. Additionally, the RD article should outline the following elements. 1. Qualifying conditions. 2. Conditions/standards of approval. 3. E)piration and extension. 4. Appeals and variances. Applicability and Consolidation There are a number of requirements within different sections of the Zoning Ordinance, Overlay Districts, Employment Center District, Fencing and Screening Ordinance and other related ordinances that overlap, creating both redundancies and conflicts. For instance, general landscaping, buffering and screening is addressed in multiple locations, with varying applicability. It is recommended that many of these individual provisions be extracted and consolidated to be applicable on a citywide basis. Other topics such as lighting and parking should also be consolidated to ensure consistency between districts and developments. Even with such consolidation, however, there may still be some variation among districts. Buffers, for example, maybe regulated by a "sliding scale" depending on the intensity of a zoning district. Consolidation of Specific Land Use Requirements Throughout the Zoning Ordinance, Employment Center District and related ordinances, various requirements for permitted uses are listed. O ne consolidated article is recommended in which specific conditions applicable to all individual uses would be contained. Pbegardless if a land use is permitted by-right, by special exception or as a conditional use, restructuring to consolidate these individual requirements in one place will create a more user-friendly and streamlined ordinance. �1L�L ,>i,;,,,, ,;o Page 2-5 Fbcommendations City of Kennedale UDC Blueprint Access Management Standards and Traffic Impact Analysis Although the number of lanes and width of the Kennedale Parkway can accommodate large volumes of traffic, the proliferation of driveways along the corridor can contribute to confusion, congestion and clutter. Fequirements for driveway spacing, number of driveways, shared drives and alternate access should be incorporated into the ordinance. Access management standards, based on the street classification and future land use, should be developed. Additionally, the UDC should contain specific requirements for a Traffic Impact Analysis(TIA), including when it is required and what it must contain. Land Use Regulation Many ordinances include exhaustive lists of potential land uses, a common but antiquated practice. For example, in Kennedale, there are over 45 "stores or shops" that can be grouped into a simple "general retail category" with indoor/outdoor variations. Further distinction can be made between small and large structures with a size threshold. The primary recommendation is to consolidate uses into broad categories. Even with over 300 uses currently listed in the Zoning Ordinance, many will inevitably be omitted and others will require interpretation or amendment. A limited number of broad categories and uses are recommended and should be incorporated into a table format for ease of understanding. As a result, discrepancies and overlap among districts can be more readily identified as we draft the UDC. Each term will be clearly defined in the appendix to cover the full spectrum of potential land uses. Additionally, we recommend including a "similar use provision" that would allow the Administrator to classify a use based on standards, or to forward that determination to the board of adjustment to make a determination. Land Use Regulation- Categories and Uses(Example) Accessory Uses Accessory structure Drive-through Home based business Home occupation Keeping of animals, hobby farm Outdoor display and sales Outdoor storage Accommodations, Hospitality, Entertainment Banquet hall Bed and breakfast Boarding house Distillery, small Hotel/motel Micro-Brevvery Private club Fbcreation facility, campground Pecreation facility, commercial indoor (arcade, bowling lanes, shooting range) Pecreation facility, commercial outdoor(amusement park, mini golf) Pecreation facility, golf course Fbstaurant Restaurant with drive-through LPL ,>i,,,,,, ,;o Page 2-6 Fbcommendations City of Kennedale UDC Blueprint Fbstaurant with micro-brewery Fbstaurant with outdoor dining Short-term rental Tavern Theater, indoor Winery, small Vehicle racing A ilculturel Uses Agritourism, ancillary uses and activities Farms, farming and farm operation Farmers market Greenhouses and nursery, accessory landscape businesses Micro-winery, with vineyard Fbadside stand Fbdeo ground, arena (public) Stable, commercial Stables, private Industdal, Manufacturing Assembl Brewery, distiller, winery Manufacturing, processing and packaging- light (clothing, crafts, furniture, fixtures, food and beverage packaging) Manufacturing, processing and packaging- heavy(chemicals, concrete, plaster, glass, petroleum products, rubber, plastics, food processing, canning, pulp, textile, fireworks, synthetics) Salvage operations, vehicle impounding Warehousing Wholesale and distribution, small Wholesale and distribution, large M ini-warehouse/self-storage Infrastructure,Transportation, Communications Ai rstrip Bus terminal Essential service (general public utilities, lines, poles, mains, pump station, lift stations, substations, water storage tank) Helicopter landing pad Infrastructure and utilities- regional (major- water and sewer treatment plants, gathering station, water well) Parking facility, public or commercial Railroad freight terminal, yard Waste management facility(transfer, recycling) Wind energy turbines Wireless communications(towers, antennas, accessory structures). InstitutionaKivic Cemetery or mausoleum Community oriented cultural facility(auditorium, theatre amphitheater, library) Community public safety(police, fire, penitentiary) Government office (local, county, state, federal) Meeting facility Parks, playgrounds, outdoor recreation areas(athletic fields, courts, stadium) L ` ,>i,;,,,, ,;o Page 2-7 Fbcommendations City of Kennedale UDC Blueprint Place of worship (and all ancillary uses) Fbcreation facility, community-based School, college or university School, public or private School, specialiaBd/training Offices and Servieee Animal services, animal clinic/hospital (indoor) Animal services, kennel/shelter Athletic or fitness club, gym Body branding, piercing and tattoo facility Child care center General offices and services General offices and service with a drive through facility Offices and services, such as landscaping and tree removal companies, exterminators, carpet cleaners, contractors' offices (with outside storage) Medical services, clinics and medical offices Vehicle repair, major Vehicle repair, minor Vehicle wash Vehicle wash, trucks and heavy equipment Fesidential Day care, adult day care home Day care, child care center Day care, family day care (children) Day care, group day care home (children) Dwelling, accessory Dwelling, multi-family Dwelling, single-family detached Dwelling, single-family attached Dwelling, temporary Dwelling, two-family Foster care (adult) Foster care (children) Group home Halfway house Housing, independent and assisted living Home, convalescent or nursing Manufactured home community Retail General retail, indoor, small (sales and stores) General retail, indoor, large (sales and stores) Liquefied Petroleum Gas(LPG)Sales Service Station Vehicle sales and rental, automobiles, light trucks, boats Vehicle sales and rental, heavy equipment, trucks, F\/s and manufactured homes Other Temporary uses(construction offices, model homes) Smilar uses �LSi Planning Page 2-8 Fbcommendations City of Kennedale UDC Blueprint III. Table of Contents Unified Development Cade Chapter Part I Introduction Article 1 Title Article 2 Purpose and Intent Article 3 Interpretation Article 4 Conflict Part II Zoning Districts and Use Regulation Article 5 Zoning Districts and Map Article 6 Agricultural and Fesidential Districts Article 7 Old Town Article 8 Neighborhood and Urban Villages Article 9 Commercial and Industrial Districts Article 10 Employment Center Mixed Use District Article 11 Overlay Districts Article 12 Panned Development District Article 13 Roodplain District Part III Site Development Provisions Article 14 General Provisions for All Districts Article 15 Specific Use Fbquirements Article 16 Parking and Loading Article 17 Landscaping and Lighting Article 18 Sgns Article 19 Building Design and Materials Part IV Review Procedures and Requirements Article 20 Ste Pans Article 21 Special Exceptions Article 22 Conditional Uses Article 23 Subdivisions Article 24 Erosion and Sediment Control Article 25 Fbst Construction Fbnoff Article 26 Rood Damage Prevention Article 27 Stormwater Protection `�L ;>i,,"" ,,o Page 3-1 Table of Contents City of Kennedale UDC Blueprint Part V Administration Article 28 Authorities Article 29 Nonconformities Article 30 Amendments Article 31 Administration and Enforcement Article 32 Enactment Provisions Part VII Appendices Appendix Definitions Appendix B Checklists `�L P1.1I)1):1il Page 3-2 Table of Contents City of Kennedale UDC Blueprint IV Stakeholder Input Overview A series of seven individual interviews and two focus group sessions was conducted on August 11-12 with various stakeholders identified bycitystaff. Participants included long-time residents, real estate developers, engineers, HOA representatives and local business owners. The following summarizes the comments received during the discussions. Numbers in parentheses refer to the number of instances groups or persons expressed the same view. General ■ Parks and open space are appreciated in developments. (1) ■ Old Town's "hometown" feel should be preserved. (1) ■ There is a general appreciation of efforts to remove sexually oriented businesses. (1) ■ Code enforcement efforts should be increased (parking, structure and property maintenance). Attached housing developments have deteriorated overtime. (3) ■ ETJ limits may be shown incorrectly on the future land use plan. (1) ■ Emergency services should recognize the potential for intersection blocks when trains stop in the city. Three of four crossings could be compromised and the southwest half of the city would be cut-off temporarily. (1) ■ The city gateways should be a priority for cleanup and beautification. (2) History • Most, if not all, historic structures have been demolished (neglect, natural hazards, or fire). The WPA-built wall near the school is one of the last historic structures in addition to the oldest home in the city, located at Corey Edwards and V. (1) • Historic preservation efforts focus on preservation of written history, record keeping and cemetery preservation. (1) • KHSwas involved with the development of the OT district and residential building types and the group is supportive. (1) • Keep Kennedale Beautiful focus is landfill issues (litter), recycling, gardening (butterfly and hummingbird gardens), citywide clean up and tree planting. (1) Race Tracks • Kennedale has been a home to racing and automotive-related uses since incorporation. (1) • Long-time residents feel the noise associated with racing is part of their history and culture. Local businesses rely on race events for business. Amortization should be less aggressive. (2) • Newer residents do not appreciate the noise and support aggressive efforts to amortize the uses. (1) _'JUSLPlanning Page 4-1 3akeholder Input oe" City of Kennedale UDC Blueprint Zoning and Development Review • Overall review process works, but internal operations and procedures should be tightened. (1) • Incorporate flow charts into the subdivision article, showing optionsand varying courses of action. (1) • Clear processes for decision-making are necessary - requirements, findings of fact, standards and authorities. (2) • The distinction between a "requirement" and a suggestion must be clearly stated in the development review process. Conditions of approval can be required, but should be stated clearly and relate to the intent of the code. Fbview processes and project decisions have been "reactionary" and not based on plans and standards. (2) ■ Enforcement and interpretation must be consistent and predictable. (2) ■ Interdepartmental reviews should be concurrent (not linear)to expedite the process. (1) ■ Final plats can be approved and lots sold without improvements or sureties in place. (1) ■ Fbzoning and development decisions should be based on infrastructure availability. (1) • Rocesses and procedures should be addressed as they relate to delegation of duties, for instance, the "similar use" provision that requires special exception. This should be the role of the zoning administrator. (1) • COG manual includes information "how to construct." The manual can be used as base for a future city manual. (1) ■ Avoid causing existing development to be nonconforming. (1) ■ Eliminate legalese and focus on plain text. (1) ■ Lessen the number of zoning districts. (1) ■ The requirements for site/building upgrade for change of use must be clearly stated - parking, landscaping, fire code. (1) Residential Development ■ If multi-family isto be considered, it must be held to high standards and would be more acceptable near development nodes. (1) ■ There is no general support for attached housing. (4) ■ Kennedale is a bedroom community and is convenient to a number of other jurisdictions. (1) ■ Many areas remain unnerved with utilities (assuming the southwest). This will present challenges for future development feasibility. (1) ■ Sidewalks should be incorporated into developments and as capital projects, especially promoting connections to parks and community facilities. (1) Commercial Development • What are the form-based standards?What are the development characteristics that will be regulated? Target areas must be identified and prioritized. (3) • Landscape requirements should recognize xeriscaping based on climate and drought. (1) • A centrally located grocery store is desired but rooftops are needed to support it. Fboftops are necessary to support commercial development. (3) • Old Town needs a critical mass of development to succeed. (1) USLP6anning Page 4-2 3akeholder Input Ve"C� City of Kennedale UDC Blueprint • The City should be selective in terms of future development; quality development over "any' development is the general sentiment. Do not compromise on quality. (2) • Development should be consistent and compatible. (1) Industrial Development ■ Peassess lot coverage requirements for industrial and commercial development to maximize development potential. Many of the available and existing sites are smaller and businesses may not be able to expand. (2) ■ There are no large-lot industrial subdivisions with 10-acre sites. (1). ■ Zoning must consider early hours of operation, considering Texas climate. (1) ■ Very clear requirements must be developed, for example outdoor "storage" versus "display" (cars, lumber, and landscape materials). The code must be clear and defendable. (1) ■ Fequirementsshould reflect industry standards. For example, a cyclone fence is typically 8-10 feet so a six(6)foot requirement in an industrial area is not appropriate. (1) ■ Salvage yard screening is minimal and unmaintained. (1) ■ The angular direction of 287 Business as it relates to the north/south grid has created irregular parcels and intersections. Development on some of these parcels becomes impossible without variances, as zDning requirements cannot be met. (1) ■ Fort Worth Tower received a 10-year, 100%tax abatement and caused the extension of essential utilities to the intersection area. (1) ■ Fort Worth Tower is located in a highly visible area that was better suited for retail, hospitality and accommodations, not industrial. (1) Ibads ■ City roads must be regularly maintained to protect contents of delivery trucks. (1) ■ City roads and design should consider larger trucks. Some roads are not rated for delivery trucks. (1) _'JUSLPIanning Page 4-3 3akeholder Input Ve"C� City of Kennedale UDC Blueprint This page intentionally left blank LLSL Planning Page 4-4 3akeholder Input Ale"c a Note this is an example of a possible format. Soecific provisions are not recommendations for Kennedale. District names, uses, dimensional requirements and all other specifics are for illustrative purposes only. Commercial and Industrial Districts ' City of Kennedale Unified Development Code Commercial and Industrial Districts Section 9.1 Purpose A. Restricted Commercial (C-1). The C-1 zoning district is intended to provide a location for lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam, quis nostrud exercitation ullamco laboris nisi ut aliquip ex ea commodo consequat. Duis aute irure dolor in reprehenderit in voluptate velit esse cillum dolore eu fugiat nulla pariatur. Excepteur sint occaecat cupidatat non proident, sunt in culpa qui officia deserunt mollit anim id est laborum. B. General Commercial(C-2). The C-2 zoning district is intended to accommodate lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam, quis nostrud exercitation ullamco laboris nisi ut aliquip ex ea commodo consequat. Duis aute irure dolor in reprehenderit in voluptate velit esse cillum dolore eu fugiat nulla pariatur. Excepteur sint occaecat cupidatat non proident, sunt in culpa qui officia deserunt mollit anim id est laborum. C. Retail Commercial (C-0). The C-0 zoning district is intended primarily to lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam, quis nostrud exercitation ullamco laboris nisi ut aliquip ex ea commodo consequat. Duis aute irure dolor in reprehenderit in voluptate velit esse cillum dolore eu fugiat nulla pariatur. Excepteur sint occaecat cupidatat non proident, sunt in culpa qui officia deserunt mollit anim id est laborum. D. Industrial District(ID). The ID zoning district is a specialized district intended to lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam, quis nostrud exercitation ullamco laboris nisi ut aliquip ex ea commodo consequat. Duis aute irure dolor in reprehenderit in voluptate velit esse cillum dolore eu fugiat nulla pariatur. Excepteur sint occaecat cupidatat non proident, sunt in culpa qui officia deserunt mollit anim id est laborum. Section 9.2 Schedule of Uses Buildings or land shall not be used and buildings shall not be erected except for one (1) or more of the following specified uses, unless otherwise provided for in this code. Land and/or buildings in the districts indicated at the top of Table 1139-2 may be used for the purposes denoted by the following abbreviations: A. Permitted Use (P). Land and/or buildings in this district may be used by right. B. Conditional Use Permit (C). Land and/or buildings in this district may be used by right, provided the specific conditions related to that use, as found in Article XX are met. C. Special Exception (SE). Land and/or buildings are subject to review in accordance with Article XX. Page 9-2 City of Kennedale UDC Commercial and Industrial Districts M D. Specific Conditions. Indicates requirements or conditions applicable to conditional uses, as listed in Chapter ***, Conditional Use Requirements. Table 9.2 Schedule of Uses: Commercial and Industrial Districts Use C-1 C-o Specific Conditions . , . PRIM. Land Use P P Land Use P P Land Use -- P Land Use P P Land Use C P Section ** Land Use -- P Land Use -- P Land Use -- P Land Use -- C Section ** Land Use -- P • Land Use -- C Section ** Land Use P P Section ** Land Use -- P Land Use SE P Section ** Land Use -- C Section ** Land Use -- SE AERMIMM Land Use -- P Section ** Land Use -- P Land Use C P Section ** Land Use -- C Section ** Land Use C -- Section ** Land Use C -- Section ** . 0 WWI Land Use -- C Section ** Land Use -- P Land Use P P Land Use -- P Land Use -- P Land Use -- -- Land Use -- -- Section ** Land Use -- C Section ** Land Use C C Section ** Land Use -- P Land Use -- SE Section ** Land Use City of Kennedale UDC Page 9-3 Commercial and Industrial Districts Section 9.3 Spatial Requirements A. Minimum Area and Width. All lots and buildings shall meet the minimum area and width requirements of Table 9-3 A. New lots shall not be created, except in conformance with these requirements. Table 9.3 A. Lot and Width Requirements, Commercial and Industrial Districts Zoning District Minimum Lot Area (sq. Ft.) Minimum Lot Width (ft.) C-1 10,500 70 C-0 202000 100 min.lot area min.lot area min,lot area 15,000 sq.ff. 15.000 sq.ft. 15,000 sq,ft. it I min.latwidth min.lot width 100 ft 100 h min,lot width 100 ft B. Dimensional Requirements. All structures and their placement on a lot shall conform to the minimum dimensional requirements listed in Table 9-3 B. Table . Requirements, . and Industrial Minimum Yard Setbacks (ft.) Maximum Building Lot Zoning District Height (ft./stories) Front Side Rear Coverage (%) C-1 25/2 5 10 20 70 C-0 25/2 50 20 20 60 ' .-n 25 ft'rea i yard setback m ZAAR! ml 2oft5lde n_lortck yard setback l yard setback if rd sback See Section b ordering Section 17.02 for residential district min_15 R side 17.02 for - / greenbelt and �� �. yard setback greenbelt and // 0 'de yard setback landsca e 0 sde yard setback landscape / allowed with fife- huffer zone li allowed with fire buffer zone _ rated wall it rated wall i requirements bordering business requ rements burdenng busines district district / I -x/.M min.25 R.front min_40 front Oft.front yard ��L yard setback yard setback setback allowed Page 9-4 City of Kennedale UDC Commercial and Industrial Districts Section 9.4 Site Development Requirements In addition to the requirements of this chapter, all development in the business districts shall meet the applicable requirements as listed elsewhere in this ordinance: A. General Provisions. See Article ***. B. Conditional Use Requirements. See Article ***. C. Special Exception Requirements. See Article ***. D. Parking and Loading. See Article ***. E. Signs. See Article ***. F. Landscaping and Lighting Requirements. See Article***. G. Site Plan Review Requirements. See Article ***. City of Kennedale UDC Page 9-5 Commercial and Industrial Districts This page intentionally left blank Page 9-6 City of Kennedale UDC City of Kennedale UDC Blueprint X01. 31:�e Guide Fonts 1 . 18 point Arial font, bolded, will be used for each article title: Article 9 Commercial and Industrial Zoning Districts 2. 12 point Arial font, bolded will be used for each section title: Section 9.1 Purpose 3. 11 point Arial font will be used for the body of text: The Commercial and Industrial Districts are intended to provide site.... 4. Fbferences to the titles of all Articles, Sections, Subsections and Tables within the text will be italicized: The following uses may be permitted by obtaining Special Exception approval when all applicable standards cited in Article XX and specific standards of Section X-XX are met. 5. Size 10 Arial font will be used for headers. Commercial and Industrial Residential Districts 6. Size 9 Arial font will be used for footers: Page 9-1 City of Kennedale UDC Line Spacing and Justification 1 . Sngle line spacing will be used with 6 pt. separation between paragraphs(see example article). 2. Al I text wi l I be left-j ustifi ed. Ordinance and Page Numbering 1 . Articles will be numbered in numerical order, using Fbman numerals, starting with Article 1. 2. Sections will be numbered in numerical order, starting with "X.1" with "X" signifying the article number. 3. A traditional outline numbering and spacing will be used within each section, as follows: A. 1 . a. i. LPL ,>i,;,,,, ,;o Page 6-1 ayle Guide City of Kennedale UDC Blueprint 4. Each article will have self-contained page numbering, starting with "page X-1", with "X" representing the article number. Capitalization 1. Capitalize words that refer to a body or commission (like City Council, Board of Adjustment, Ranning and Zoning Commission). 2. Capitalize the names of geographic divisions, regions, and localities such as Cities, Ewers, Lakes and Streets. 3. Capitalim titles when preceding a name only(Mayor Johnson vs. the mayor of Kennedale) 4. The words plan and ordinance should not be capitalized unless at the beginning of a sentence or part of the proper title of a document (City of Kennedale Unified Development Ordinance). 5. The words section and article shall be capitalized only when referring to a specific section or article ("this section" vs "Section 17.2"). Punctuation Marks Commas 1 . Commas separate complete thoughtsjoined by these simple conjunctions: and, but, or, for, nor, so, yet. 2. Commas separate items in a series consisting of three or more words, phrases, or even whole clauses. 3. Commas separate long introductory phrases and clauses from the main body of a sentence. 4. Commas enclose parenthetical expressions. 5. Commas separate nonessential modifying and descriptive phrases and clauses from a sentence, especially those clauses beginning with who, which, or that. 6. Commas separate titles and degrees from names. Quotation Marks 1 . Use quotation marks to enclose direct quotations. 2. Use quotation marks to indicate that a word is used in a special or abnormal sense. 3. Always place periods and commas inside of closing quotation marks. 4. Always place semicolons and colons outside of closing quotation marks. 5. Race dashes, exclamation marks, and question marks inside of quotation marks if they are part of the quotation; otherwise, place them outside of quotation marks. Semi-colons 1 . Use semicolons to link complete thoughts that could otherwise stand alone as separate sentences. 2. Use semicolons to separate items in series when one or more of the items has a comma. Ampersands 1. Use the written-out version of signs and symbols in text unless the nature of the text is such that readers would expect to see signs and symbols(planning and zoning not planning &zoning, off-street parking and loading not off-street parking & loading). Hyphenation 1 . Hyphenate two or more words that act together to create a new meaning (single-family, LPL ,>i,;,,,, ,;o Page 6-2 ayle Guide City of Kennedale UDC Blueprint mixed-use). The word after the hyphen is not capitalized except where an organization has branded a phrase (Form-Based Code). 2. Avoid using hyphens with most prefixes(nonconforming). N umbers 1 . Numbers one (1)through nine (9) should be spelled out with the numeric character in parentheses afterwards(except in tables and graphics). 2. Numbers starting with 10 will only use the numeric character. 3. When used at the beginning of a sentence, a number is always spelled out. 4. Always use figures for percentages and decimal fractions. 5. Always use figures for dates. 6. Spell out feet and inches, not"and ", including square feet. Abbreviations (ft., sq. ft., ac.) may also be used. Acronyms 1 . When using an acronym, write it out the first time in each article with the acronym in parentheses after the words, and then the acronym may be used for the remainder of the chapter. 2. Do not use periods between the letters in an acronym. (US vs. U.S.). 3. Abbreviations with periods should be typed without spaces between letters and periods(e.g. or i.e.). 4. Acronyms can be made plural by simply adding a small "s" to the end, do not use an apostrophe unless it is possessive (there are many CAFOs vs. the CAFO's odor was the primary concern of the public). The same will apply to dates(1990s). Words 1 . Stormwater 2. Setback 3. Mixed-use 4. Nonconforming 5. Single-family 6. Multiple-family 7. Two-family 8. Form-based LPL ,>i,;,,,, ,;o Page 6-3 3yle Guide City of Kennedale UDC Blueprint This page intentionally left blank L$L Planning Page 6-4 aye Guide City of Kennedale UDC Blueprint \!I I. Summary Survey Iesalts Visual Reference Survey The Kennedale Visual Reference Survey results will be used in the UDC project, particularly as they relate to form-based districts and other design requirements. Participants were shown images and asked whether they"prefer" or "do not prefer" what they were shown. There were 15 images for each of the following categories: low density residential, low to medium density residential, medium to high density residential, commercial and mixed use, public realm and signs(90 images total). Participants were asked to respond with an initial, first-impression reaction. Total participation for the exercise was 114 respondents. Many of the images shown were overwhelmingly "not preferred." The following pages show images that the majority of respondents "preferred," which was 32 of 90 images. During development of the new regulations or refinement of existing regulations, we will examine elements of the preferred images to support certain recommendations or to use them as the basis for new ideas. For example, the following elements were observed as key features of the 32 preferred images: R.-§dential gable and hip roofs Higher densities Transparency 9ding materials(brick&hardie) Compatible scales &orefrontsientryways 3reet canopy/shade trees Rojections Rojecting signage 3reet lighting Fbrches Wide commercial sidewalks 9dewalks Windows(%minimum) O utdoor display/dining Narrower setbacks Awnings Parking lot screening, canopy trees Q uality landscaping Facades(%of lot width) Indirect sign illumination 3ories(2, some cases 2.5-3) Building articulation f;btro-styles signs(neon) Walkable, bike accommodations Muted colors Mixed use Low Density Housing Z. b ! y y `tom i� ` 7 I rr r _ A .L 61% 48% 61% Page 7-1 Simmary Survey Fbsults City of Kennedale UDC Blueprint ? i n1 - III I 47% 47% Low t® Medium Density Housing ri 49% 48% Medium to High Density Housing A �V ■ 1 Y v . 'll W i 53% «L Planning Page 7-2 Summary Survey Fbsults y,.n City of - -•. - UDC Blueprint Commercial Mixed •% VEN L�L Page 7-3 Simmary p i Survey - k' "t Al 1 , I nI k � '. } it i �� f�• ,ma e rv:' ..M � _ r a ,r I ww tv r i Al'., RadioShack r''x` City of Kennedale UDC Blueprint i _ J plat 45% 47% 81% Parking I 72% 51% Public Survey Although participation was much lower, we have reviewed the results of the public survey(25 respondents). Most respondents have lived in the city for less than 10 years(84%)and all live within single-family detached homes. Fbspondents generally viewed the city as an ideal suburban community. The top reasons for living in Kennedale are the schools and the remaining rural nature and character. Concerning the UDC project, resultswere as follows: Top general topics to address 1 . Control quality of development, ensure higher standards are met. 2. Improve the appearance of the community. 3. Be easy to understand. Top commercial development topics 1 . Fbquire visual and aesthetic improvements(landscaping, building design, signs etc.). 2. Control commercial architecture and building materials. 3. Promote a strong town center. L�L ,>i,;,,,, ,;o Page 7-5 Simmary Survey Fbsults City of Kennedale UDC Blueprint Top residential development topics- 1 . Control residential architecture and building materials. 2. Provide for affordable housing. Top transportation topic: 1 . Improve traffic conditions and safety. Top development review topics- 1 . Support economic development. 2. Protect environmentally sensitive lands and opens space. L�L ;>i,,"" ,,o Page 7-6 Simmary Survey Fbsults KENNEDALE You're Here,Your Home www.cityofkennedale.com Staff Report to the Honorable Mayor and City Council Date: January 18, 2016 Agenda Item No: REPORTS/ANNOUNCEMENTS -A. I. Subject: Updates from City Council II. Originated by: City Council, City Council III. Summary: Updates and information from Council members . IV. Fiscal Impact Summary: V. Legal Impact: VI. Recommendation: None VII.Alternative Actions: VIII.Attachments: 405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817-985-2100 1 Fax: 817-478-7169 KENNEDALE You're Here,Your Home www.cityofkennedale.com Staff Report to the Honorable Mayor and City Council Date: January 18, 2016 Agenda Item No: REPORTS/ANNOUNCEMENTS - B. I. Subject: Updates from the Mayor II. Originated by: III. Summary: Updates and information from the Mayor. IV. Fiscal Impact Summary: V. Legal Impact: VI. Recommendation: None VII.Alternative Actions: VIII.Attachments: 405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817-985-2100 1 Fax: 817-478-7169 KENNEDALE You're Here,Your Home www.cityofkennedale.com Staff Report to the Honorable Mayor and City Council Date: January 18, 2016 Agenda Item No: REPORTS/ANNOUNCEMENTS - C. I. Subject: Updates from the City Manager II. Originated by: Bob Hart III. Summary: Updates and information from City Manager, if any. IV. Fiscal Impact Summary: V. Legal Impact: VI. Recommendation: VII.Alternative Actions: VIII.Attachments: 405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817-985-2100 1 Fax: 817-478-7169 KENNEDALE You're Here,Your Home www.cityofkennedale.com Staff Report to the Honorable Mayor and City Council Date: January 18, 2016 Agenda Item No: MONITORING INFORMATION -A. I. Subject: Monthly Financials- November and December 2015 II. Originated by: III. Summary: Overview of the City's revenues/expenditures for all funds compared to budget and previous year for November and December 2015. IV. Fiscal Impact Summary: V. Legal Impact: VI. Recommendation: VII.Alternative Actions: VIII.Attachments: 1. Monthly Financials- November T201511 MONTHLY FINANCIALS. df P. IMonthly Financials- December P015_12 Monthly Financials. df 405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817-985-2100 1 Fax: 817-478-7169 CITY OF KENNEDALE,TEXAS ANNUAL PROGRAM OF SERVCES MONTHLY FINANCIALS NOVEMBER �44 E FY14-15 FY14-15 FY14-15 FY15-16 CURRENT FY14-15 CY-PY %OF BUDGET BUDGET REVENUES AMENDED YTD ACTUAL ADOPTED MONTH YTD CHANGE USED REMAINING GENERALFUND 5,654,468 217,450 5,897,213 6,091,420 243,858 467,784 436,952 7.7% 5,623,636 OTHER GENERAL FUNDS 1,122,079 66,135 1,437,430 1,263,636 29,532 65,427 28,617 5.2% 1,198,209 GENERALFUND 6,776,547 283,585 7,334,643 7,355,056 273,390 533,211 465,568 7.2% 6,821,844 GENERAL DEBT SERVICE FUND 1,359,183 142,550 1,340,773 1,403,111 53,029 132,409 43,928 9.4% 1,270,703 G WATER/SEWER FUND 3,477,955 517,101 3,460,517 5,672,328 254,443 564,733 2,194,373 10.0% 5,107,595 STORMWATER UTILITY FUND 265,525 30,120 200,108 247,825 8,487 29,990 (17,700) 12.1% 217,835 WATER IMPACT FUND 116,010 46,091 172,370 116,040 4,900 16,654 30 14,4% 99,386 E" SEWERIMPACTFUND 6,682 8,199 44,619 6,682 978 3,403 (1) 50.9% 3,279 WATER/SEWER FUND 3,866,172 601,512 3,877,614 6,042,875 268,808 614,779 2,176,703 10.2% 5,428,095 f' EDC4B FUNDS 901,705 16,578 650,469 912,036 33,681 33,896 10,331 3.7% 878,140 CAPITALFUNDS 1,248,630 68,735 699,775 1,141,107 2,823 7,018 (107,523) 0.6% 1,134,089 SPECIAL REVENUE FUNDS 1,801 (4,872) (3,057) 126,801 0 0 125,000 0.0% 126,801 TOTAL REVENUES $14,154,038 $1,108,088 $13,900,216 $16,980,986 $ 631,731 $1,321,314 $2,714,008 7.8% 15,659,671 FY14-15 FYI 4-15 FY14-15 FY15-16 CURRENT FY14-15 CY-PY %OF BUDGET BUDGET EXPENDITURES AMENDED YTD ACTUAL ADOPTED MONTH YTD CHANGE USED REMAINING f I. GENERALFUND 5,825,824 840,120 5,664,808 6,198,118 449,014 951,059 372,294 15.3% 5,247,059 OTHER GENERAL FUNDS 1,297,996 206,659 1,127,260 1,322,814 58,036 91,171 24,818 6.9% 1,231,643 GENERALFUND 7,123,820 1,046,779 6,792,068 7,520,932 507,050 1,042,230 397,112 15.3% 6,478,702 GENERAL DEBT SERVICE FUND 1,343,108 36,759 1,338,313 1,363,867 35,959 35,959 20,759 2.6% 1,327,908 WATER/SEWER FUND 5,060,679 452,671 4,064,958 6,093,227 448,233 589,389 1,032,548 9,7% 5,503,838 E. STORMWATER UTILITY FUND 572,227 49,178 111,696 264,273 3,934 6,592 (307,954) 2.5% 257,681 WATER IMPACT FUND 174,916 - 174,916 171,200 - - (3,716) 0,0% 171,200 SEWER IMPACT FUND 22,396 - 22,396 - - - (22,396) 0,0% - WATER/SEWER FUND 5,830,218 501,849 4,373,966 6,528,700 452,167 595,981 698,482 9.1% 5,932,719 EDC46FUNDS 735,969 103,350 678,653 711,842 37,757 122,250 (24,127) 17.2% 589,592 CAPITAL FUNDS 1,337,469 6,997 795,765 1,283,626 76,279 76,279 (53,843) 5.9% 1,207,347 SPECIAL REVENUE FUNDS 181,800 48,852 126,800 6,603 6,603 (55,000) 5.2% 120,197 TOTAL EXPENDITURES $16,552,383 $1,695,734 $14,027,617 $17,535,767 $1,115,815 $1,879,302 $ 983,384 10.7% 15,656,465 is (F k` is 41 P= E r H "EXEMPLIFYING EXCELLENCE" CITY OF KENNEDALE,TEXAS ANNUAL PROGRAM OF SERVCES MONTHLY FINANCIALS F NOVEMBER FY14-15 FY14-15 FY15-16 CURRENT FY15-16 CY-PY %OF BUDGET BUDGET GENERAL FUND YTD ACTUAL ADOPTED MONTH YTD CHANGE USED REMAINING CITY MANAGER 32,133 275,131 293,578 24,393 41,650 11,658 14.2% 251,928 MAYOR CITY COUNCIL 6,292 77,128 88,576 4,743 7,400 (5,530) 8.4% 81,176 CITY SECRETARY 14,047 124,118 135,923 6,909 13,073 (12,421) 9.69/o 122,850 MUNICIPAL COURT 19,718 129,204 157,745 7,515 16,787 18,928 10.6% 140,958 HUMAN RESOURCES 16,579 112,356 124,565 9,313 16,792 6,723 13,5% 107,773 FINANCE 48,671 349,477 323,931 27,567 43,699 (96,469) 13.5% 280,232 POLICE 248,160 2,009,458 2,245,833 169,529 338,083 193,639 15.1% 1,907,750 FIRE 234,438 1,627,526 1,728,014 123,392 238,527 79,246 13.8% 1,489,487 COMMUNITY DEVELOPMENT 45,776 347,889 439,480 33,880 52,756 57,053 12,0% 386,724 SENIOR CITIZEN CENTER 2,069 50,569 54,077 3,870 6,070 (32) 11.2% 48,007 LIBRARY 35,689 217,519 239,080 24,998 40,440 9,990 16.9% 198,639 NONDEPARTMENTAL 136,547 344,434 367,317 12,904 135,780 109,510 37.0% 231,537 TOTAL EXPENDITURES $ 840,120 $5,664,808 $ 6,198,118 $ 449,013 $ 951,057 $ 372,294 175.7% $5,247,061 E FY14-15 FY14-15 FY15-16 CURRENT FY15-16 CY-PY %OF BUDGET BUDGET WATER/SEWER FUND YTD ACTUAL ADOPTED MONTH YTD CHANGE USED REMAINING UTILITY BILLING 25,238 1,326,837 1,360,981 22,153 26,690 14,824 2.0% 1,334,290 WATER OPERATIONS 127,618 1,122,780 3,156,143 234,017 272,603 1,374,731 8.6% 2,883,541 DEBT 152,813 186,691 505,472 136,920 136,920 1,372 27,1% 368,552 NONDEPARTMENTAL 147,003 1,428,650 1,070,631 55,143 153,175 (358,379) 14.3% 917,456 TOTAL EXPENDITURES $ 452,671 $4,064,958 $ 6,093,227 $ 448,233 $ 589,389 $1,032,548 9.7% $5,503,838 FY14-15 FY14-15 FY15-16 CURRENT FY15-16 CY-PY %OF BUDGET BUDGET STREET IMPROVEMENT FUND YTD ACTUAL ADOPTED MONTH YTD CHANGE USED REMAINING STREETS 80,124 704,161 1,042,537 44,844 68,082 213,861 6.5% 974,456 PARKS MAINTENANCE 22,181 118,624 84,000 10,975 16,514 7,000 19.7% 67,486 TOTAL EXPENDITURES $ 102,305 $ 822,784 $ 1,126,537 $ 55,820 $ 84,595 $ 220,861 7.5% $ 1,041,942 FY14-15 FY14-15 FY15-16 CURRENT FY15-16 CY-PY %OF BUDGET BUDGET EDC4B FUNDS YTD ACTUAL ADOPTED MONTH YTD CHANGE USED REMAINING ADMINISTRATION 10,492 241,795 176,466 9,912 15,962 (85,995) 9.0% 160,504 DEBT SERVICE 78,575 323,315 319,893 9,029 80,536 (3,475) 25.2% 239,357 TOWN SHOPPING CENTER 14,283 51,447 50,484 18,816 25,753 - 51.00/. 24,731 TOWN CENTER REDEVELOPMEP - - 90,000 - - 90,000 0.0% 90,000 TX LEVERAGE - 101,192 50,000 - - (60,000) 0.0% 50,000 TOTAL EXPENDITURES $ 91,744 $ 715,745 $ 686,842 $ 84,494 $ 84,494 $ (59,471) 12.3% $ 564,592 "EXEMPLIFYING EXCELLENCE" CITY OF KENNEDALE TEXAS ANNUAL PROGRAM OF SERVICES MONTHLY FINANCIALS DECEMBER I FY14-15 FY14-15 FY15-16 CURRENT FY14-15 CY-PY %OF BUDGET BUDGET REVENUES YTD ACTUAL ADOPTED MONTH YTD CHANGE USED REMAINING GENERALFUND 2,083,488 5,897,213 6,091,420 1,638,208 2,105,992 436,952 34.6% 3,985,428 OTHER GENERAL FUNDS 180,953 1,437,430 1,263,639 104,660 170,087 28,620 13.5% 1,093,552 GENERALFUND 2,264,441 7,334,643 7,355,059 1,742,868 2,276,079 465,571 30.9% 5,078,979 GENERAL DEBT SERVICE FUND 661,458 1,340,773 1,403,111 483,318 615,727 43,928 43.9% 787,384 WATER/SEWER FUND 738,003 3,460,517 5,672,328 227,097 791,830 2,194,373 14.0% 4,880,498 STORMWATER UTILITY FUND 45,247 200,108 247,825 21,958 51,948 (17,700) 21.0% 195,877 WATER IMPACT FUND 54,909 172,370 116,040 8,825 25,479 30 22.0% 90,561 SEWER IMPACT FUND 10,792 44,619 6,682 1,789 5,192 (1) 77.7% 1,490 WATER/SEWER FUND 848,951 3,877,614 6,042,875 259,670 874,449 2,176,703 14.5% 5,168,426 i= EDC4B FUNDS 68,614 650,469 912,036 46,525 90,480 10,331 9.9% 821,556 CAPITAL FUNDS 90,270 699,775 1,141,107 11,481 18,499 (107,523) 1.6% 1,122,608 SPECIAL REVENUE FUNDS (4,872) 42,861 126,801 1,251 1,251 125,000 1.0% 125,550 I== ) TOTAL REVENUES $3,928,863 $13,946,135 $16,980,989 $2,545,113 $3,876,485 $2,714,011 22.8% 13,104,503 FY14-15 FY114-15 FY15-16 CURRENT FY14-15 CY-PY %OF BUDGET BUDGET EXPENDITURES YTD ACTUAL ADOPTED MONTH YTD CHANGE USED REMAINING GENERALFUND 1,208,732 5,664,808 6,198,118 424,124 1,378,203 372,294 22.2% 4,819,915 OTHER GENERAL FUNDS 273,167 1,127,260 1,322,814 156,039 245,374 24,818 18.5% 1,077,440 GENERALFUND 1,481,899 6,792,068 7,520,932 580,163 1,623,577 397,112 21.6% 5,897,355 GENERAL DEBT SERVICE FUND 36,759 1,338,313 1,363,867 - 35,959 20,759 2.6% 1,327,908 WATER/SEWER FUND 860,569 4,064,958 6,093,227 299,818 890,210 1,032,548 14.6% 5,203,017 STORMWATER UTILITY FUND 59,615 111,696 264,273 16,405 22,997 (307,954) 8.7% 241,276 WATER IMPACT FUND - 174,916 171,200 - - (3,716) 0.0% 171,200 SEWER IMPACT FUND - 22,396 - - - (22,396) 0.0% - WATER/SEWER FUND 920,184 4,373,966 6,528,700 316,223 913,207 698,482 14.0% 5,615,493 EDC4B FUNDS 129,262 678,653 711,842 20,070 126,951 (24,127) 17.8% 584,892 CAPITAL FUNDS 6,997 795,765 1,283,626 67,963 144,242 (53,843) 11.2% 1,139,384 SPECIAL REVENUE FUNDS - 48,852 126,800 6,100 12,703 (55,000) 10.0% 114,097 i= 4 TOTAL EXPENDITURES $2,575,101 $14,027,617 $17,535,767 $ 990,519 $2,856,638 $ 983,384 16.3% 14,679,129 Ii rs C it r k' "EXEMPLIFYING EXCELLENCE" ( t- CITY OF KENNEDALE,TEXAS ANNUAL PROGRAM OF SERVICES MONTHLY FINANCIALS F; DECEMBER FY14-15 FY14-15 FY15-16 CURRENT FY15-16 CY-PY %OF BUDGET BUDGET GENERAL FUND YTD ACTUAL ADOPTED MONTH YTD CHANGE USED REMAINING CITY MANAGER 49,950 275,131 293,578 23,912 65,561 11,658 22,3% 228,017 MAYOR/CITY COUNCIL 10,540 77,128 88,576 3,977 11,377 (5,530) 12,8% 77,199 CITY SECRETARY 15,602 124,118 135,923 14,695 27,768 (12,421) 20.4% 108,155 MUNICIPAL COURT 29,518 129,204 157,745 5,781 22,568 18,928 14.3% 135,177 HUMAN RESOURCES 25,035 112,356 124,565 8,972 25,764 6,723 20.7% 98,801 FINANCE 75,002 349,477 323,931 20,648 64,348 (96,469) 19.9% 259,583 POLICE 380,274 2,009,458 2,245,833 150,483 490,777 193,639 21.9% 1,755,056 FIRE 348,780 1,627,526 1,728,014 131,947 371,163 79,246 21.5% 1,356,851 COMMUNITY DEVELOPMENT 67,410 347,889 439,480 29,308 82,186 57,053 18,7% 357,294 SENIOR CITIZEN CENTER 6,515 50,569 54,077 4,367 10,437 (32) 19,3% 43,640 K LIBRARY 50,711 217,519 239,080 16,867 57,307 9,990 24,0% 181,773 NONDEPARTMENTAL 149,395 344,434 367,317 13,167 148,947 109,510 40.5% 218,370 TOTAL EXPENDITURES $1,208,732 $5,664,808 $ 6,198,118 $ 424,123 $1,378,201 $ 372,294 22.2% $4,819,917 k FY14-15 FY14-15 FY15-16 CURRENT FY15-16 CY-PY %OF BUDGET BUDGET WATER/SEWER FUND YTD ACTUAL ADOPTED MONTH YTD CHANGE USED REMAINING UTILITY BILLING 135,872 1,326,837 1,360,981 66,912 93,603 14,824 6.9% 1,267,378 WATER OPERATIONS 376,973 1,122,780 3,156,143 139,124 412,730 1,374,731 13.10/. 2,743,414 DEBT 152,813 186,691 505,472 15,892 152,813 1,372 30.29'0 352,659 I! NONDEPARTMENTAL 194,911 1,428,650 1,070,631 77,890 231,065 (358,379) 21.6% 839,566 TOTAL EXPENDITURES $ 860,569 $4,064,958 $ 6,093,227 $ 299,818 $ 890,210 $1,032,548 14.6% $5,203,017 l FY14-15 FY14-15 FY15-16 CURRENT FY15-16 CY-PY %OF BUDGET BUDGET STREET IMPROVEMENT FUND YTD ACTUAL ADOPTED MONTH YTD CHANGE USED REMAINING STREETS 115,301 704,161 1,042,537 136,980 203,245 213,861 19.5% 839,292 PARKS MAINTENANCE 30,925 118,624 84,000 14,593 31,107 7,000 37.0% 52,893 TOTAL EXPENDITURES $ 146,226 $ 822,784 $ 1,126,537 $ 151,573 $ 234,352 $ 220,861 20.8% $ 892,186 r FY14-15 FY14-15 FYI 5-16 CURRENT FY15-16 CY-PY %OF BUDGET BUDGET EDC413 FUNDS YTD ACTUAL ADOPTED MONTH YTD CHANGE USED REMAINING C ADMINISTRATION 21,745 241,795 176,466 13,776 29,738 (85,995) 16.9% 146,728 DEBT SERVICE 87,603 323,315 319,893 4,514 85,050 (3,475) 26.6% 234,843 TOWN SHOPPING CENTER 19,914 51,447 50,484 1,780 12,163 - 24.1% 38,321 TOWN CENTER REDEVELOPMENT - - 90,000 - - 90,000 0,091. 90,000 TX LEVERAGE - 101,192 50,000 - - (60,000) 0,0% 50,000 TOTAL EXPENDITURES $ 91,744 $ 715,745 $ 686,842 $ 84,494 $ 84,494 $ (59,471) 12.3% $ 559,892 i I i I I "EXEMPLIFYING EXCELLENCE" KENNEDALE You're Here,Your Home www.cityofkennedale.com Staff Report to the Honorable Mayor and City Council Date: January 18, 2016 Agenda Item No: MONITORING INFORMATION - B. I. Subject: Executive Limitations II. Originated by: III. Summary: Reports are attached for review. IV. Fiscal Impact Summary: V. Legal Impact: VI. Recommendation: VII.Alternative Actions: VIII.Attachments: 1. Executive Limitations lExecutive Limitations 01.2016.docx 405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817-985-2100 1 Fax: 817-478-7169 POLI CY TYPE: EXECUTIVE LIMITATIONS POLICY TITLE: GLOBAL EXECUTIVE CONSTRAINT The City Manager shall not cause or allow any organizational practice, activity, decision, or circumstance that is either unlawful, imprudent, or in violation of commonly accepted business and professional ethics Overall, City operations are i n compliance with the global constraint policy. POL ICY TYPE: EXECUTIVE LIMITATIONS POLICY TITLE: TREATM ENT OF CUSTOM ERS OF CITY SERVICES With respect to interactions with customers, the City Manager shall not cause or allow conditions, procedures,or decisions that are unsafe, untimely, undignified, or unnecessarily intrusi ve. The City Manager wi I I not: 1. Elicit informationfor which there is no clear necessity. 2. Use methods of col I ecti ng, revi ewi ng, transmi tti ng, or stori ng customer i nformati on that fai I to protect agai nst i mproper access to the materi al 3. Operate faci I i ti es wi thout appropri ate accessi bi I i ty and pri vacy. 4. Operate without establishing with customers a dear understanding of what may be expected and what may not be expected from the servi ce off ered. 5. Operate wi thout i nformi ng customers of thi s pol i cy or provi di ng a way to be heard for persons who beli eve that they have not been accorded a reasonabl e i nterpretati on of their rights under this pol i cy. Cyber security issues area major concern in compliance with point 2. The ci ty backs up files on a daily basis to avoid more common hacking attempts. Limitations have been placed on what websi tes can be accessed. Both the city manager and IT analyst are members of I nfraGard to better understand the risks involved. POLICY TYPE: EXECUTIVE LIMITATIONS POLICY TITLE: TREATM ENT OF STAFF With respect to the treatment of paid and volunteer staff, the City Manager shall not cause or allow conditions that are unfair, undignified, disorganized, or unclear. The Ci ty M anager wi I I not 1. Operate without written personnel rules that (a) clarify rules for stair, (b) provide for effective handling of grievances,and (c) protect against wrongful conditions, such as nepotism and grossly preferential treatment for personal reasons. 2. Retal i ate agai nst any staff member for non-disruptive express on of dissent. 3. Allow staff to beunaware of City Manager's interpretations of their protections under this pol icy. 4. Allow staff to be unprepared to deal with emergency situations. The ci ty maintains current personnel policy and orientation booklet. City operations are in compliance with the treatment of staff policy. Staff was heavily involved in the preparati on of an asset management plan. In addition staff i s i nvol ved in the i ntervi env process consistent with our desired culture. POLICY TYPE: EXECUTIVE LIMITATIONS POLICYTITLE: EMERGENCY CITY MANAGERSUCCESSION In order to protect the Council from sudden loss of the City Manager Services, the City Manager shall not permit there to be less than one other person familiar enough with Council and City Manager i ssLas and procedures to be able to maintain organization services Kelly Cooper isthe most informed of staff members. Ram Robetsisworkingdoedy with meonVillageCreek a-dthesalvageyads Thedepartment heads collectively are aware of on-goi ng acti vi ti esand projects, and I have been more attentive to this i n staff meeti ngs. KENNEDALE You're Here,Your Home www.cityofkennedale.com Staff Report to the Honorable Mayor and City Council Date: January 18, 2016 Agenda Item No: MONITORING INFORMATION - C. I. Subject: Ends Review- Balanced Scorecard II. Originated by: III. Summary: Reports are attached for review. IV. Fiscal Impact Summary: V. Legal Impact: VI. Recommendation: VII.Alternative Actions: VIII.Attachments: 1. Balanced Scorecard 113alanced Scorecard. df 405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817-985-2100 1 Fax: 817-478-7169 VNE F-Kennedale oriented, prosperous, 13-1 1 I� KENNEDALE conveniently opportunities to live,work and play December 2015 You're Here,YOUr Home S1 Achieve a Thriving Community - -- \`\ S2 Be a Sustainable S3 Be Family &Attractive City Oriented `- - I1 Provide Excellent / Services L nce I3 Expect Operational I4 Ensure Public I5 Enhance s Climate Excellence Health & Safety Partnerships E1 Build Exceptional E2 Foster Pride in E3 Leverage Talent Ownership Technology NV F1 Balance the F2 Expect Fiscal F3 Leverage Tax Base Responsibility Resources CORE VALUES I NTEGRITYAOOC)UNTAB UTY TEAM WOW I NNOVA-nON OC)M M ITM ENT KENNEDALE You're Here,Your Home www.cityofkennedale.com Staff Report to the Honorable Mayor and City Council Date: January 18, 2016 Agenda Item No: INCIDENTAL ITEMS (CONSENT) -A. I. Subject: Review and accept the Police Department 2015 Racial Profiling Report II. Originated by: Tommy Williams, Police Chief III. Summary: This is the yearly report required by statute. All racial population groups represented are within tolerance. IV. Fiscal Impact Summary: V. Legal Impact: VI. Recommendation: Approve VII.Alternative Actions: VIII.Attachments: 1. Racial Profile Report 2015 IRACIAL PROFILE REPORT 2015. df 405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817-985-2100 1 Fax: 817-478-7169 KENNEDALE Police Department www.cityofkennedale.com January 18, 2016 To: City Manager, Mayor,and Council Members From:Tommy Williams, Police Chief Re: Racial Profiling Report Statistical Data As required by S.B. 1074, attached is a spreadsheet outlining the data from our citations from traffic stops during calendar year 2015. You will remember that in 2012, due to a change in the Census Bureau reporting format and data sets I dropped the Fair Roads Standard in favor of at-large population figures from the 2010 census.This allows us to collect data not only against licensed drivers, but also against those drivers who regularly operate a vehicle without benefit of a license. Because such a large majority of our citations are issued to persons outside of the city, the baseline includes the combined populations of our neighboring cities of Arlington, Forest Hill, Fort Worth, and Mansfield, as well as Kennedale. Motorists come from or through these cities in order to get to or through Kennedale. Our stops and searches are within tolerances for the percentile groups. I will electronically file a copy of this report and spreadsheet for posting on the TCLEOSE web site. Complaints We had one racial profiling complaint filed during the reporting period of 2015.The interesting note for this complaint was it was filed by the parent of a black college student against three officers, one of whom is also black.The basis of the complaint was that the citation, not the stop, was issued due to race.A video/audio review of the stop and the investigation of the procedures used revealed that the complaint was unfounded. Public Education The process for filing racial profiling complaints against employees is posted in three places.The first is on our police department website,the second in the police building lobby, and the third is in the city hall lobby.A copy of the entire racial profiling policy is available to the public on request. Employee Training Numerous discussions occur during briefing and staff meetings throughout the year about racial profiling issues to be aware of. In addition, supervisors are required to regularly review random video tapes of stops to identify any problems that have not been reported. No issues were identified. 401 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817-985-2160 1 Fax: 817-478-6433 t $ ( . m CD q / o % Q L _ 04 0 « � 0 � 2 . ) § (D to kI- $ K ci � « � � LO E % a k ) k y y y A p q q ( \ 7 n \ n \ 0 0 0 0 eq o / � § ¥ = c ® Q 0 0 @ � a � ^ ® m7 � j o ° + + y IN\ /¥ // / ® �a J 6 a 6 6 Q Q o 2 LL E ® I- \o � / 0 0 0 0 (3) � E \ \ CD ƒ m P- \ y / y / a) u m � 7 � o N \ ° / / � / ¢ \ o) m q 3 ƒ a 6 6 U) R Q 2 » 2 $ 2 k $ a / / / / 2 / c / § \ \ u \ / L- \ k § § % J @ a m % 3 O O B C m @ m E § .2 w c J CL y / 0 « R y m y ■ 0 « % ■ y 2 e 2 o R ' £ x > c = m \ k \ \ \ 0 2 ƒ ƒ ƒ ƒ / k � ƒ M / w m KENNEDALE You're Here,Your Home www.cityofkennedale.com Staff Report to the Honorable Mayor and City Council Date: January 18, 2016 Agenda Item No: INCIDENTAL ITEMS (CONSENT) - B. I. Subject: Review the Charter Review Committee report and consider directing staff to call an election II. Originated by: III. Summary: Charter Review Committee Recommendations. The Charter Review Committee completed their report and submitted their recommendations as shown below. The city attorney reviewed the recommendations and has made recommendations based on their work and from a legal perspective. Committee members were: • John Clark • Robert Mundy • Ray Cowan • Earnest Harvey • Frank Fernandez • Charles Overstreet The City Council may accept a portion of the recommendations, none of them, or all of them. Should Council wish to call a charter election, it may do so at the February meeting. At this point, Council will need to provide direction to staff as to whether or not to call a chatter election and if so, which items to include on the ballot. 1. Section 5.06 City Secretary Upon recommendation by the City Manager, the City Council shall by a majority vote appoint the City Secretary. The City Manager may designate such assistant city secretaries as the city council may deem advisable. The City Secretary shall be the clerical officer of the City Council, and shall keep the minutes, agenda, ordinances, attendance record, and other official records of the City Council and the City. The City Secretary shall be the custodian of the official seal of the City, and shall have such other duties and powers prescribed in this Charter and by the City Council. In addition to the responsibilities stated in this Charter, the City Manager may designate administrative duties to be performed by the City Secretary. 2. ARTICLE IV: MUNICIPAL ELECTIONS (changing to three-year terms) Section 4.01 City Council Places and Terms (a) The City Council shall be divided into the Mayor and places 1, 2, 3, 4 and 5. Each position shall be filled by a qualified citizen from the City at large by a majority vote cast by qualified voters. (b) Each place shall be for a two year term through the election in 2016. (c) The Mayor shall be elected for a one year term in 2018 and the Mayor shall thereafter be elected for a three year term beginning in 2019. (d) Council member for places 2 and 4 shall be elected for three year terms beginning in 2018. (e) Council members for places 1 and 3 shall be elected for three year terms beginning in 2017. I 405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817-985-2100 1 Fax: 817-478-7169 (f) The council member for place 5 shall be elected for a two year term in 2017 and shall thereafter be elected for a three year term beginning in 2019. 3. Section 6.02 Budget (a) Submission of the budget. On or before the fifteenth (not the first) day of August of each year, the City Manager shall submit to the city council a balanced budget for the ensuing fiscal year to meet the goals and objectives of the City Council and provide a budget message. 4. Section 6.04 Annual Audit The City Council, by a majority vote of the entire Council, shall select.......and shall submit to the City Council, within 180 (not 120) days after the end of the fiscal year. The City shall provide copies to the public at cost, upon request. 5. Section 3.06 Vacancies and Forfeiture of office (a) If a vacancy occurs in the office of the Mayor, it shall be filled by the Mayor Pro-Tem until the next regular or uniform election date. (b) In the event that the terms for the Mayor and Council are for more than two years in length, any vacancy in the Mayor or Council position, with a term of more than two years shall be filled at the next uniform election date which occurs no sooner than 120 days after such vacancy. IV. Fiscal Impact Summary: V. Legal Impact: VI. Recommendation: VII.Alternative Actions: VIII.Attachments: 1. Pur osed Charter Amendments JProposed Charter Revisions.docx Kennedale 2016 Proposed Charter Amendments ❖ Section 3.06 Vacancies and Forfeiture of Office CURRENT: Section 3.06 Vacancies and Forfeiture of Office (a) Vacancies. The office of a Council member or Mayor shall become vacant upon the death, resignation, forfeiture of office, or removal from office in any manner authorized by law or by this Charter. (1) If a vacancy occurs in the office of the Mayor it shall be filled by the Mayor Pro Tem. Any other vacancy on the City Council, including a position if vacated by the Mayor Pro Tem, shall be filled by appointment by a majority vote of all of the remaining Council members; however, (2) If more than thirteen (13) months remain on the term of a vacant Council position, the remaining term of office shall be filled at the regular election held in May; however (3) If more than sixteen (16) months remain on the terms of two or more Council positions, the remaining terms of office shall be filled through a special election. (4) Any vacancy in a Council position with an unexpired term of less than three (3) months shall not be filled before the next regular election, unless occupancy of that office is necessary to constitute a quorum. (b) Forfeiture of Office. A Council member shall forfeit office if the member: (1) Lacks at any time during the term of office any qualification for the office prescribed by law or by this Charter. (2) Violates any express prohibition of this Charter; (3) Fails to attend three (3) consecutive scheduled meetings without valid excuse, or fails to maintain an eighty (80) percent attendance record, excluding excused absences, for each elected year (including all scheduled budget and special meetings), whereupon the Council must declare a vacancy at its next regular meeting and shall fill the vacancy as set forth in this Charter. (c) When any member of the Council no longer possesses all of the qualifications required for office, or is convicted of a felony or any offense involving moral turpitude \\192.168.60.110\s1stream\KENNEDALETX\Op00izt3.y03.docx (01/08/16) Page 1 while in office, the office shall immediately and automatically be forfeited and become vacant. (d) The Council shall be the judge of the qualifications of its members and for these purposes shall have the power to subpoena witnesses and require the production of records, but the decision of the Council in any case shall be subject to review by the courts. CHARTER COMMITTEE RECOMMENDATION: Section 3.06 Vacancies and Forfeiture of Office 61PGR the death, FeSignu tk)R fnfAt�-° of nffin° nr r nVol from nffin° in onY monne+ a-Utherozed by law or by this Gh (1) if a vananGy nnni irs in the nffin° of shall be filler) by the Mayer Pre Tem.ARy ether Gity Gni innil innli 1dinn u pc)sTtien ifri rr-vacatccrycrhr° Ayer Pre Tem shall be filler) by appeiRtmv°-rnrt by a majority dote -of all rem�ininn I nl IRGOI members; heweyer, � o (2) If mere a;;A ti IiTCCen (1 Z) mnntha; FAMPOR PA the term of o vronont G9 moil nnsitinn the remaining term of office shall he filled at the regular elentinn held in nAa�� o ; hnh rrvwtQv(Q (3) If mere thaAll si ctaen (16) mnnthIs Tar iini--A-.A. the te.r.ms; e.AVe nr mere GeunGil POSitiORS, th terms of effir__@ shall be filled through a 6P@GiA1 91AG-tiGn (4) An\/ Sian---y in - GOURnil Positron �eiith an unexpired term of less thin 0 (b) of Office A. Ge-moil member shall forfeit offfirue if the member: (1) at aRy tome during the teffn of nffine any ni ia for the nffine nresnribed by law nr by this Gha4e-r (2) Vinlotes onY eVnress nrnhibitinn of this (`hurter; (3) Coils to attend three (3) nnnse�at�ie�cnoT i i12�--meetings F i it irl 8XG6169, or fails to maintain an eighty (90) P@FG@nt attend-anrue re Fd, @XG161 )d wherewpon the MI-1.8t A- VA-GaRGy at its reegulap meeting aPd shall foil the �rononn�i os set forth in this Charter. crr�. �cc�vrm-rrrcrn�riurccr. \\192.168.60.110\s1stream\KENNEDALETX\Op00izt3.y03.docx (01/08/16) Page 2 (nth Ry meMbAF Af the (; imGil nn IGRgeF PG66eSSoc all of tequolifinofinnc "� h'"""cs.�car-a-n--vr -cTrrn-ccrcTVi-r.� 0 At (d) The shall be the judge of the qualifiGations -of its members and for thesse 6 (a) If a vacancy occurs in the office of the Mayor, it shall be filled by the Mayor Pro- Tem until the next regular or uniform election date. (b) In the event that the terms for the Mayor and Council are for more than two years in length, any vacancy in the Mayor or Council position, with a term of more than two years shall be filled at the next uniform election date which occurs no sooner than 120 days after such vacancy. CITY ATTORNEY RECOMMENDATION: Section 3.06 Vacancies and Forfeiture of Office (a) Vacancies. The office of a Council member or Mayor shall become vacant upon the death, resignation, forfeiture of office, or removal from office in any manner authorized by law or by this Charter. (1) If a vacancy occurs in the office of the Mayor at a time when there remains an unexpired term of twelve (12) months or less, it shall be filled by the Mayor Pro Tem. If a An vacancy occurs in any other en the-City Council position at a time when there remains an unexpired term of twelve (12) months or less, including a position if vacated by the Mayor Pro Tem, it shall be filled by appointment by a majority vote of all of the remaining Council members; h^wever,. (2) If a vacancy occurs in the office of the Mayor or any City Council position at a time when more than twelve (12) months remains on the unexpired term, it shall be filled by a majority vote of the qualified voters at a special election called for such purpose within one hundred twenty (120) days. (2) If more than thirteen (13) months remain on the term of a vacant Ge moil � PGS itiGR, A99MA-ImAing teFM Gf Gffirvte Shall be filled At the regular eler-tien htQid OR May; hQWQVQ (3) If me-re than sisixteen (16) months remain on the terms bWAVn nv- vrr-More CGURGil 0 \\192.168.60.110\s1stream\KENNEDALETX\Op00izt3.y03.docx (01/08/16) Page 3 (4) ARY VaGaRGY in a GG61Rnil nncifiGR YVifh ari iIReXpiFed form of loco than three (3) menths- sha-111 not h-A- filled- befere; the next unless GGG61panGy of 0 that nffino is nonoccaFy fn nnnctiti 48 a ni inri im (b) Forfeiture of Office. A Council member shall forfeit office if the member: (1) Lacks at any time during the term of office any qualification for the office prescribed by law or by this Charter,-. (2) Violates any express prohibition of this Charter, (3) Is convicted of a felony or any offense involving moral turpitude while in office; or (43) Fails to attend three (3) consecutive scheduled meetings without valid excuse, or fails to maintain an eighty (80) percent attendance record, excluding excused absences, for each elected year (including all scheduled budget and special meetings)_ (c) Declaration. Upon finding the occurrence of a condition of forfeiture, w ,ereupeR the Council must declare a vacancy at its next regular meeting and shall fill the vacancy as set forth in this Charter. _(nth RY m� h�fthe (; i innil nn InnnpFPG66e66oc all of tequalifinatieps `"'�� ff''`"'`"'`"'c�.�ca-aTrvr- -cTrrn-ccrcrvi-r.� 0 (d) Qualifications. The Council shall be the judge of the qualifications of its members and for these purposes shall have the power to subpoena witnesses and require the production of records, but the decision of the Council in any case shall be subject to review by the courts. ❖ Section 3.08 Meeting Procedure CURRENT: Section 3.08 Meeting Procedure (a) Meeting. The City Council shall meet in regularly scheduled City Council meetings at least once each month at such times as the members may prescribe by rule. Special meetings may be called on the request of the Mayor or three (3) City Council members. All City Council meetings shall be held at City Hall or at such place in the City that will permit the attendance of the general public. All City Council meetings and all sessions of the City Council and committees of the City Council shall be open to the public; however, the City Council may recess for the purpose of \\192.168.60.110\s1stream\KENNEDALETX\Op00izt3.y03.docx (01/08/16) Page 4 discussing in a closed or executive session those matters permitted by State Law, including, but not limited to: (1) Pending or contemplated litigation, settlement offers, and any other legal advise. (2) The acquisition or disposal of real property. (3) Personnel matters. (4) The evaluation of candidates for offices appointed by the City Council. (b) A motion calling for a closed or executive session must be made in a public meeting and must state the general subject to be discussed. No final action or vote with regard to any matter considered in a closed meeting shall be made except in a public meeting. (c) Rules and Minutes. The City Council shall determine its own rules and order of business, and shall provide for keeping minutes of all its proceedings. The minutes shall be a public record. (d) Voting. The record of votes shall be recorded in the minutes of the City Council. Three (3) members of the City Council shall constitute a quorum. CHARTER COMMITTEE RECOMMENDATION: None. CITY ATTORNEY RECOMMENDATION: Section 3.08 Meeting Procedure (a) Meeting. The City Council shall meet in regularly scheduled City Council meetings at least once each month at such times as the members may prescribe by rule. Special meetings may be called on the request of the Mayor or three (3) City Council members. All City Council meetings shall be held at City Hall or at such place in the City that will permit the attendance of the general public. All City Council meetings and all sessions of the City Council and committees of the City Council shall be open to the public; however, the City Council may recess for the purpose of discussing in a closed or executive session those matters permitted by State Law, including, but not limited to: (1) Pending or contemplated litigation, settlement offers, and any other legal advise. (2) The acquisition or disposal of real property. \\192.168.60.110\s1stream\KENNEDALETX\Op00izt3.y03.docx (01/08/16) Page 5 (3) Personnel matters. (4) The evaluation of candidates for offices appointed by the City Council. (b) A motion calling for a closed or executive session must be made in a public meeting and must state the general subject to be discussed. No final action or vote with regard to any matter considered in a closed meeting shall be made except in a public meeting. (c) Rules and Minutes. The City Council shall determine its own rules and order of business, and shall provide for keeping minutes of all its proceedings. The minutes shall be a public record. The record of votes shall be recorded in the minutes of the City Council. (d) QuorumVoting. The reigard. af votes shall he pninnrdled. in the =in---fes Q41 Cn'_paml. Three (3) members of the City Council shall constitute a quorum. The Manor's presence shall not be counted for determining a quorum. ❖ Section 4.01 City Council Places and Terms CURRENT: Section 4.01 City Council Places and Terms (a) The City Council shall be divided into the Mayor and places 1, 2, 3, 4 and 5. Each position shall be filled by a qualified citizen from the City at large by a majority vote cast by qualified voters. (b) Each place shall be for a two year term. The Mayor and Council members for places 2 and 4 shall be elected in even numbered years. Council members for places 1, 3 and 5 shall be elected in odd numbered years. CHARTER COMMITTEE RECOMMENDATION: Section 4.01 City Council Places and Terms (a) The City Council shall be divided into the Mayor and places 1, 2, 3, 4 and 5. Each position shall be filled by a qualified citizen from the City at large by a majority vote cast by qualified voters. (b) Each place shall be for a two year term through the election in 2016. T"r,,e Mayo emberS fer�vr lac°�rz a }dam Sh°iul, -hp- t t n ev°nau°-rred years.. \\192.168.60.110\s1stream\KENNEDALETX\Op00izt3.y03.docx (01/08/16) Page 6 (c) The Mayor shall be elected for a one year term in 2018 and the Mayor shall thereafter be elected for a three year term beginning in 2019 (d) Council member for places 2 and 4 shall be elected for three year terms beginning in 2018. (e) Council members for places 1 and 3 shall be elected for three year terms beginning in 2017. (f) The council member for place 5 shall be elected for a two year term in 2017 and shall thereafter be elected for a three year term beginning in 2019. CITY ATTORNEY RECOMMENDATION: Section 4.01 City Council Places and Terms (a) The City Council shall be divided into the Mayor and places 1, 2, 3, 4 and 5. Each position shall be filled by a qualified citizen from the City who is elected at large by a majority vote cast by qualified voters. (b) Each place shall be for a two year term through the election in 2016. (c) The Mayor shall be elected for a one year term in 2018 and the Mayor shall thereafter be elected for a three year term beginning in 2019. de) Council members for places 1 and 3 shall be elected for three year terms beainnina in 2017. (pd) Council members for places 2 and 4 shall be elected for three year terms beginning in 2018. (f) The Csouncil member for place 5 shall be elected for a two year term in 2017 and shall thereafter be elected for a three year term beginning in 2019. ❖ Section 5.06 City Secretary CURRENT: Section 5.06 City Secretary The City Council shall appoint the City Secretary by an affirmative vote of not less than four (4) members of the Council. The City Council shall by a majority vote determine \\192.168.60.110\s1stream\KENNEDALETX\Op00izt3.y03.docx (01/08/16) Page 7 and fix the City Secretary's compensation. The City Secretary shall be the clerical officer of the City Council, and shall keep the minutes, agenda, ordinances, attendance record, and other official records of the City Council and the City. The City Secretary shall be the custodian of the official seal of the City, and shall have such other duties and powers prescribed in this Charter and by the City Council. In addition to the responsibilities stated in this Charter, the City Manager will designate administrative duties to be performed by the City Secretary. CHARTER COMMITTEE RECOMMENDATION: Section 5.06 City Secretary Upon recommendation by the City Manager, tThe City Council shall by a majority vote � appoint the City Secretary by °n °ffir n,°t ivc } Itil than fniir (4) members A s}4. The City Manager may designate such assistant city secretaries as the city council may deem advisable. The Git" rei in^ii shall by a majerity veto detor�eo;na . The City Secretary shall be the clerical officer of the City Council, and shall keep the minutes, agenda, ordinances, attendance record, and other official records of the City Council and the City. The City Secretary shall be the custodian of the official seal of the City, and shall have such other duties and powers prescribed in this Charter and by the City Council. In addition to the responsibilities stated in this Charter, the City Manager may will designate administrative duties to be performed by the City Secretary. CITY ATTORNEY RECOMMENDATION: Section 5.06 City Secretary UPGR by G+t„ n ger-,4The City Council shall by a majerity Veto appoint the City Secretary by a majority vote. The City Council shall only appoint a person recommended by the City Manager. The City Manager may appoint 4e ate such assistant city secretaries as the Csity Csouncil may authorize The City Secretary shall be the clerical officer of the City Council, and shall keep the minutes, agenda, ordinances, attendance record, and other official records of the City Council and the City. The City Secretary shall be the custodian of the official seal of the City, and shall have such other duties and powers prescribed in this Charter and by the City Council. In addition to the responsibilities stated in this Charter, the City Manager may designate administrative duties to be performed by the City Secretary. \\192.168.60.110\s1stream\KENNEDALETX\Op00izt3.y03.docx (01/08/16) Page 8 ❖ Section 6.02 Budget CURRENT: Section 6.02 Budget (a) Submission of the budget. On or before the first day of August of each year, the City Manager shall submit to the City Council a balanced budget for the ensuing fiscal year designated to meet the goals and objectives of the City Council and provide and provide a Budget Message. CHARTER COMMITTEE RECOMMENDATION: Section 6.02 Budget (a) Submission of the budget. On or before the fifteenth f;�day of August of each year, the City Manager shall submit to the Csity QGouncil a balanced budget for the ensuing fiscal year to meet the goals and objectives of the City Council and provide a budget message. CITY ATTORNEY RECOMMENDATION: Same as Charter Committee recommendation. ❖ Section 6.04 Annual Audit CURRENT: Section 6.04 Annual Audit The City Council, by a majority vote of the entire Council, shall select and shall contract with a municipally oriented certified public accounting firm for the purpose of rendering an independent audit of all accounts and other financial records of the City government. The personnel of the firm conducting the audit shall not hold any public office in the City nor have any personal interest, direct or indirect, in the fiscal affairs of the City government or any of its offices. After completion of any audit of the City, the auditor shall prepare a report, and shall submit the report to the City Council, within one hundred twenty (120) days after the end of the fiscal year. The City shall provide copies to the public at cost, upon request. \\192.168.60.110\s1stream\KENNEDALETX\Op00izt3.y03.docx (01/08/16) Page 9 CHARTER COMMITTEE RECOMMENDATION: Section 6.04 Annual Audit The City Council, by a majority vote of the entire Council, shall select and shall contract with a municipally oriented certified public accounting firm for the purpose of rendering an independent audit of all accounts and other financial records of the City government. The personnel of the firm conducting the audit shall not hold any public office in the City nor have any personal interest, direct or indirect, in the fiscal affairs of the City government or any of its offices. After completion of any audit of the City, the auditor shall prepare a report, and shall submit the report to the City Council, within one hundred eighty tx(1820) days after the end of the fiscal year. The City shall provide copies to the public at cost, upon request. CITY ATTORNEY RECOMMENDATION: Same as Charter Committee recommendation. \\192.168.60.110\s1stream\KENNEDALETX\Op00izt3.y03.docx (01/08/16) Page 10 KENNEDALE You're Here,Your Home www.cityofkennedale.com Staff Report to the Honorable Mayor and City Council Date: January 18, 2016 Agenda Item No: REQUIRED APPROVAL ITEMS -A. I. Subject: Consider approval of minutes from December 14, 2016 meeting II. Originated by: III. Summary: Please see the attached minutes for your approval. IV. Fiscal Impact Summary: V. Legal Impact: VI. Recommendation: Approve VII.Alternative Actions: VIII.Attachments: Fl----Fc—itY Council Meeting Minutes - December 14, 2015 IDecember 14, 2015. df 405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817-985-2100 1 Fax: 817-478-7169 )c KENNEDALE You're Here,Your Home www.cityofkennedale.com KENNEDALE CITY COUNCIL MINUTES REGULAR MEETING December 14, 2015 CITY HALL COUNCIL CHAMBERS, 405 MUNICIPAL DRIVE WORK SESSION - 5:30 PM REGULAR SESSION - 7:00 PM I. CALL TOORDER Mayor Johnson called the meetingto order at 5:48 p.m. 11.WORKSES90N *NOTE= Pursuant to Section 551.071, Texas Government Code, the City CAundl reserves the right to adjourn into Executive Session at any time during the work session or the regular session to discuss posted exeadive session items or to seek legal advice from the City Attorney on any item posted on the agenda. A. Fetirement R-,ception for Library Director, Oven Bevill (5:30-6:00 p.m.) A retirement reception was held for Library Director Oven Bevill, who has been with the Library for 23 years. Gwen started as a volunteer, later working with the Friends of the Library-Kennedale (FOLI' . Her work with the consortium and networking in the region, as well as the construction of a new Library building, has been instrumental in the success of the Library. The Oty wishes her well with a David Tripp watercolor of the Kennedale clock Tower. aty Manager Bob Hart introduced the new Library Director, Amanda King who will start on December 22. III. EXECUTIVE SESSION (6:00 PM) Mayor Johnson recessed into executive session at 6:00 p.m. A. The Oty Council will meet in dosed session pursuant to SBction 551.072 of the Texas Government Code to deliberate the purchase, exchange, lease, or value of real property for the following: 1. 5401 High Fudge Fbad 2. 5400 and 5404 Kennedale Fbad B. The City Council may meet in dosed session at any time during the work session or the regular session, pursuant to SBction 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 Files of Professional Conduct may conflict with the Open Meetings Act, including discussion on any item posted on the agenda and the following items. 1. Roodplain amortization 405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817-985-2100 1 Fax: 817-478-7169 2. Land use amortization 3. Municipal setting designation (M SD) 4. Corp of EngineersSaction 205 CAP land acquisition parameters 5. Eminent domain with environmental deanup guidelines IV. RECONVEN E I NTO OPEN SESSION,AND TAKE AGn ON N ECESSARY PU RSUANT TO EX13CUl1VE SESSI ON, I F N EEDED Mayor Johnson reconvened into open session at 7:00 p.m. No action required. V. REGU LAR SESSI ON Mayor Johnson opened the regular session at 7:05 p.m. VI. ROLL CALL Present: Frank Fernandez, Brian Johnson , Kelly Turner, Liz Carrington, Charles Overstreet, M ichael Walker Absent: None VII. INVOCATION VI 11. U N I TED STATES PLEDGE IX TEXAS PLEDGE X VISITOR(CITIZENsFORUM 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 itemsat this meeting. There was no one present requesting to speak. A. REPORTS ANNOUNCBVI ENTS In addition to any specific matters listed below, the city council may receive a report about items of community interest, including but not limited to recognition of individual officials, citizensor departments, information regarding holiday schedules, upcoming or attended events,etc. A. Updates from Oty Council Frank Fernandez stated that the Brickworks Festival has already received two money pledges. Additionally, he stated that he attended Andy Nguyen's, Taste of Asia event and would like to see more partici pation at the future. Mike Walker informed the group that the Fbtary Club assisted the Ken nedale Rre R ght er's Associ at i on with their annual Angel Tree and Coat Drive. Charles Overstreet stated that he and Mayor Johnson were judges for the Junior High School's talent show and were invited back to be the emcees. He added that they also attended the Mayor's Christmas Gala at TCU Stadium. B. Updates from the Mayor Page 2of4 Mayor Johnson stated that he, Rachel, Krystal and Tommy went to TOCto look at the plans on the redesign of Fblice and the Fire Departments and City Hall.Their next meeting will be December 17, 2015. O Updates from the City Manager There were no updates. Al. MONITORINGINFORMA11ON A. Executive Limitations B. Ends Review- Balanced Scorecard Monitoring information updates are in the agenda packet for review. All. I Na DENTAL ITEM S(ODNSBVT) All matters listed under incidental items (consent) have been previously discussed, require little or no deliberation, or are considered to be routine by the council. If discussion is desired, then an item will be removed from the consent agenda and considered separately. A. Consider approval of minutesfrom November 16,2015 meeting Motion To approve all Incidental Items on (Consent) agenda. Action Approve, Moved By Charles Overstreet, Seconded Ey Kelly Turner. Motion passed Unanimously A V. RBQU I FED APPROVAL I TBVI S A. Consider approval of Pesolution 474 supporting the application for the North Central Texas Council of Governments(NCTOOG)solid waste grant City Manager Bob Hart stated that staff request approval to apply for a solid waste grant to be used to purchase a street sweeper for use on Kennedale Parkway and the Oak Crest area. Motion To approve Fasolution 474 supporting the application for a NCTOOG solid waste grant application.Action Approve, Moved By Frank Fernandez, Seconded By Liz Carrington. Motion passed Unanimously B. Consider approval of a Depository Scrvice Contract with Wells Fargo to serve asthe depository bank to the City of Kennedale until January 31, 2018 with 2 one-year continuations. Finance Director Krystal Crump stated that Texas Local Government Code requiresthat cities go out for bids every five years for depository services. Sbe added that we currently use Wells Fargo Bank,which is located in Kennedale. The city received two(2) bids for these services, one from Frost Bank and one from Wells Fargo Bank. Krystal provided the pros and consof each bid; noting that staff recommends that we continue servicewith Wells Fargo Bank. O Consider appointment of a legal firm to collect delinquent taxes Krystal Crump stated that staff interviewed two (2) firms for the collection of delinquent taxes. She requested that Council review the information provided by both firms and bring forward their recommendation at the January 2016 Council meeting. XV. DECISION ITEMS Page 3of4 A. Presentation by Janine 9sak of DMA Development on multi-family financing This item was tabled and moved to the January 2016 meeting. XVI.ADJDURNM ENT Motion To adjourn the December 14, 2015 regular City Council meeting. Action Adjourn, Moved WKelly Turner, Seconded W Liz Carrington. Motion passed Unanimously The meeting was adjourned at 7:17 p.m. APPROVED: ATTEST: Brian Johnson, Mayor Leslie Galloway, City Secretary Page 4of4 KENNEDALE You're Here,Your Home www.cityofkennedale.com Staff Report to the Honorable Mayor and City Council Date: January 18, 2016 Agenda Item No: REQUIRED APPROVAL ITEMS - B. I. Subject: Consider adopting Resolution 475, amending authorized representatives of TEXPOOL local government investment pool II. Originated by: Finance Director, Director of Finance & IT III. Summary: The attached resolution is being presented before Council only to amend authorized representatives for TexPool. By approving the resolution, Council will be designating Bob Hart, City Manager, Krystal Crump, Finance Director, and Kelly Cooper, HR Director(backup) as authorized representatives to transmit local funds for investments. Krystal Crump will be the primary representative performing transactions and receiving confirmations of monthly statements. Lastly, for bank reconciliation purposes, Kia Crosby will have "view-only" access. IV. Fiscal Impact Summary: V. Legal Impact: VI. Recommendation: Approve VII.Alternative Actions: VIII.Attachments: 1. Resolution 475 k0160118 Resolution to Amend Authorized Representative for TexPool.doc 405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817-985-2100 1 Fax: 817-478-7169 RESOLUTION NO. 475 A RESOLUTION AMENDING AUTHORIZED REPRESENTATIVES OF TEXPOOL LOCAL GOVERNMENT I NVESTM ENT POOL WHEREAS, the City of Kennedale (the"Participant") is a local government of the State of Texas and is empowered to delegate to a public funds investment Pool the authority to invest funds and to act as custodian of investments purchased with local investment funds; and WHEREAS, it is in the best interest of the City of Kennedale to invest local funds in investments that provide for the preservation and safety of principal, liquidity, and yield consistent with the Public Funds Investment Act; and WHEREAS, the TexasPool Local Government Investment Portfolio, a public funds investment pool (a "Pool"), was created on behalf of entities whose investment objectives in order of priority are preservation and safety of principal, liquidity, and yield consistent with the Public Funds I nvestment Act. NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF KENNEDALE, TEXAS: A. That the City of Kennedale shall amend authorized representatives, for the purpose of transmitting local funds for investment in the TexasPool series. Theform of application for amendment to thi s resol uti on i s approved. B. That the individuals, whose signatures appear in this Resolution, are Authorized Representatives of the City of Kennedale and are each hereby authorized to transmit funds for investment in the Pool and are each further authorized to withdraw funds from time to time, to issue letters of instruction, and to take all other actions deemed necessary or appropri ate for the investment of local funds. C. That the City of Kennedale may by Amending Resolution change Authorized Representatives provided the additional Authorized Representative is an officer, employee, or agent of the City of Kennedale. List of the Authorized Representat i ves of the City of Kennedale. T hese i nd i v i d ual s may be issued P.I.N. Numbers. 1. Name: Bob Hart Title: City Manager 2. Name: Krystal Crump Title: Finance Director 3. Name: Kelly Cooper Title: HR Director List the name of the Authorized Representative provided above that will have primary responsibility for performing transactions and receiving confirmations and monthly statements under the Participation Agreement. Name: Name: Krystal Crump Title: Finance Director In addition and at the option of the Participant, one additional Authorized Representative can be designated to perform only inquiry of selected information. This limited representat i ve can not perform transactions. Name: Kia Crosby Title: Accounting Administrator D. That this Resolution and its authorization shall continue in full force and effect until amended or revoked by the Participant and until the Pool receives a copy of any such amendment or revocation. PASSED, ADOPTED AND APPROVED by the City Council of the City of Kennedale, Texas, this the 18th day of January 2016. APPROVED: Brian Johnson, Mayor ATTEST: L esl i e Gal I oway, Ci ty Secretary KENNEDALE You're Here,Your Home www.cityofkennedale.com Staff Report to the Honorable Mayor and City Council Date: January 18, 2016 Agenda Item No: REQUIRED APPROVAL ITEMS - C. I. Subject: Consider adopting Resolution 476, amending authorized representatives of Texas short term asset reserve program (TEXSTAR) local government investment pool II. Originated by: Finance Director, Director of Finance & IT Krystal Crump, Finance Director III. Summary: The attached resolution is being presented before Council only to amend authorized representatives for TEXSTAR. By approving the resolution, Council will be designating Bob Hart, City Manager, Krystal Crump, Finance Director, Kelly Cooper, HR Director(backup) as authorized representatives to transmit local funds for investments. Krystal Crump will be the primary representative performing transactions and receiving confirmations of monthly statements. Lastly, for bank reconciliation purposes, Kia Crosby will have "view-only" access. IV. Fiscal Impact Summary: V. Legal Impact: VI. Recommendation: Approve VII.Alternative Actions: VIII.Attachments: 1. Resolution 476 120160118 Resolution to Amend Authorized Representative for TexStar.doc 405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817-985-2100 1 Fax: 817-478-7169 RESOLUTION NO. 476 A RESOLUTION AMENDING AUTHORIZED REPRESENTATIVES OF TEXAS SHORT TERM ASSET RESERVE PROGRAM (TEXSTAR) LOCAL GOVERNM ENT I NVESTM ENT POOL WHEREAS, the City of Kennedale (the"Participant") is a local government of the State of Texas and is empowered to delegate to a public funds investment Pool the authority to invest funds and to act as custodian of investments purchased with local investment funds; and WHEREAS, it is in the best interest of the City of Kennedale to invest local funds in investments that provide for the preservation and safety of principal, liquidity, and yield consistent with the Publ is Funds I nvestment Act; and WHEREAS, the TEXSTAR Local Government Investment Portfolio, a public funds investment pool (a "Pool"), was created on behalf of entities whose investment objectives in order of priority are preservation and safety of principal, liquidity, and yield consistent with the Public Funds I nvestment Act. NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF KENNEDALE, TEXAS: A. That the City of Kennedale shall amend authorized representatives, for the purpose of transmitting local fundsfor investment in the TEXSTAR series. Theform of application for amendment to thi s resol uti on i s approved. B. That the individuals, whose signatures appear in this Resolution, are Authorized Representatives of the City of Kennedale and are each hereby authorized to transmit funds for investment in the Pool and are each further authorized to withdraw funds from time to time, to issue letters of instruction, and to take all other actions deemed necessary or appropriate for the investment of local funds. C. That the City of Kennedale may by Amending Resolution change Authorized Representatives provided the additional Authorized Representative is an officer, employee, or agent of the City of Kennedale. List of the Authorized Representat i ves of the City of Kennedale. T hese i nd i v i d ual s may be issued P.I.N. Numbers. 1. Name: Bob Hart Title: City Manager 2. Name: Krystal Crump Title: Finance Director 3. Name: Kelly Cooper Title: HR Director List the name of the Authorized Representative provided above that will have primary responsibility for performing transactions and receiving confirmations and monthly statements under the Participation Agreement. Name: Name: Krystal Crump Title: Finance Director In addition and at the option of the Participant, one additional Authorized Representative can be designated to perform only inquiry of selected information. This limited representat i ve can not perform transactions. Name: KiaCrosby Title: Accounting Administrator D. That this Resolution and its authorization shall continue in full force and effect until amended or revoked by the Participant and until the Pool receives a copy of any such amendment or revocation. PASSED, ADOPTED AND APPROVED by the City Council of the City of Kennedale, Texas, this the 18th day of January 2016. APPROVED: Brian Johnson, Mayor ATTEST: L esl i e Gal I oway, Ci ty Secretary KENNEDALE You're Here,Your Home www.cityofkennedale.com Staff Report to the Honorable Mayor and City Council Date: January 18, 2016 Agenda Item No: REQUIRED APPROVAL ITEMS - D. I. Subject: Consider adopting Resolution 477, amending authorized representatives of Texas Term/Texas Daily local government investment pool II. Originated by: Finance Director, Director of Finance & IT III. Summary: The attached resolution is being presented before Council only to amend authorized representatives for Texas Term/Texas Daily. By approving this resolution, Council will be designating Bob Hart, City Manager, Krystal Crump, Finance Director, Kelly Cooper, HR Director(backup) as authorized representatives to transmit local funds for investments. Krystal Crump will be the primary representative performing transactions and receiving confirmations of monthly statements. Lastly, for bank reconciliation purposes, Kia Crosby will have "view-only" access. IV. Fiscal Impact Summary: V. Legal Impact: VI. Recommendation: Approve VII.Alternative Actions: VIII.Attachments: 1. Resolution 477 kOl 60118 Resolution to Amend Authorized Representative for TexasTerm.doc 405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817-985-2100 1 Fax: 817-478-7169 RESOLUTION NO. 477 A RESOLUTION AMENDING AUTHORIZED REPRESENTATIVES OF TEXAS TERM/TEXAS DAILY LOCAL GOVERNMENT I NVESTM ENT POOL WHEREAS, the City of Kennedale (the"Participant") is a local government of the State of Texas and is empowered to delegate to a public funds investment Pool the authority to invest funds and to act as custodian of investments purchased with local investment funds; and WHEREAS, it is in the best interest of the City of Kennedale to invest local funds in investments that provide for the preservation and safety of principal, liquidity, and yield consistent with the Publ is Funds I nvestment Act; and WHEREAS, the Texas Term/Texas Daily Local Government Investment Portfolio, a public funds investment pool (a"Pool"), was created on behalf of entities whose investment objectives in order of priority are preservation and safety of principal, liquidity, and yield consistent with the Public Funds I nvestment Act. NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF KENNEDALE, TEXAS: A. That the City of Kennedale shall amend authorized representatives, for the purpose of transmitting local funds for investment in the Texas Term/Texas Daily series. Theform of application for amendment to this resolution is approved. B. That the individuals, whose signatures appear in this Resolution, are Authorized Representatives of the City of Kennedale and are each hereby authorized to transmit funds for investment in the Pool and are each further authorized to withdraw funds from time to time, to issue letters of instruction, and to take all other actions deemed necessary or appropriate for the investment of local funds. C. That the City of Kennedale may by Amending Resolution change Authorized Representatives provided the additional Authorized Representative is an officer, employee, or agent of the City of Kennedale. List of the Authorized Representat i ves of the City of Kennedale. T hese i nd i v i d ual s may be issued P.I.N. Numbers. 1. Name: Bob Hart Title: City Manager 2. Name: Krystal Crump Title: Finance Director 3. Name: Kelly Cooper Title: HR Director List the name of the Authorized Representative provided above that will have primary responsibility for performing transactions and receiving confirmations and monthly statements under the Participation Agreement. Name: Krystal Crump Title: Finance Director In addition and at the option of the Participant, one additional Authorized Representative can be designated to perform only inquiry of selected information. This limited representat i ve can not perform transactions. Name: KiaCrosby Title: Accounting Administrator D. That this Resolution and its authorization shall continue in full force and effect until amended or revoked by the Participant and until the Pool receives a copy of any such amendment or revocation. PASSED, ADOPTED AND APPROVED by the City Council of the City of Kennedale, Texas, this the 18th day of January 2016. APPROVED: Brian Johnson, Mayor ATTEST: L esl i e Gal I oway, Ci ty Secretary KENNEDALE You're Here,Your Home www.cityofkennedale.com Staff Report to the Honorable Mayor and City Council Date: January 18, 2016 Agenda Item No: REQUIRED APPROVAL ITEMS - E. I. Subject: Consider authorizing the city manager to execute a contract with Linebarger, Goggan, Blair, and Sampson, LLP to collect delinquent taxes for the City II. Originated by: III. Summary: The City issued a request for qualifications for tax collection services. The City received proposals from Linebarger, Goggan, Blair, and Sampson, LLP and Purdue, Brandon, Fielder, Collins, and Mott LLP. Both firms are well qualified; represent cities, counties, and schools throughout the state; and have excellent references. Staff interviewed both firms. Linebarger currently collects delinquent taxes for Tarrant County and KISD. This does not preclude the City from using a different firm. Linebarger is familiar with the City's intent and focus on properties, and they have attorneys familiar with Kennedale from broader legal work. These items, plus a reluctance to change for the sake of change leads staff to recommend the City continue to use the services of Linebarger, Goggan, Blair, and Sampson, LLP; and authorizes the city manager to execute a contract with Linebarger, Goggan, Blair, and Sampson, LLP to collect delinquent taxes for the City. IV. Fiscal Impact Summary: V. Legal Impact: VI. Recommendation: Approve VII.Alternative Actions: VIII.Attachments: 405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817-985-2100 1 Fax: 817-478-7169 KENNEDALE You're Here,Your Home www.cityofkennedale.com Staff Report to the Honorable Mayor and City Council Date: January 18, 2016 Agenda Item No: REQUIRED APPROVAL ITEMS - F. I. Subject: Authorize filing a statement of correction with the Tarrant County Clerk's Office correcting errors made in a plat abandonment recorded in D214210746 and approve abandonment of a portion of the Swiney Estates plat. II. Originated by: Rachel Roberts, City Planner III. Summary: The Swiney Estates plat was approved in 1957. The subdivision established through the plat was never built, but the plat still encumbered the city with an un-built right-of-way and easements the city could be expected to maintain. It also encumbered owners of property within the plat with various easements that no longer followed property lines but criss-crossed properties instead. City staff encouraged the owner of the largest portion of the platted subdivision, Ms. Ethel Swiney, to pursue abandoning the old plat. Ms. Swiney asked the city to proceed with abandonment, and all owners of property within the plat agreed to the partial abandonment and signed an approval statement. The Local Government Code requires that plat abandonments be processed in the same the plat was adopted. But the city no longer approves final plats in the same way it did in 1957. At that time, the plat was not reviewed or approved by the City Council; instead, it was signed by the mayor without Council consideration and thereby approved. Since the plat wasn't approved at Council but instead was signed by the city's administrative official (the city did not have a city manager at that time), the plat abandonment was signed by the city manager. Recently, Ms. Swiney decided to sell her portion of the Swiney Estates plat and offered it to the city. The Kennedale Economic Development Corporation would like to buy the property. As part of the due diligence process done on KEDC's behalf, the surveyor found several errors in the abandonment document. These errors could lead to confusion for future property owners about precisely what is to be abandoned, and the staff would recommend these errors be corrected regardless of whether KEDC ultimately buys the property. The surveyor has prepared exhibits that more adequately describe what should be abandoned, and the city attorney is preparing a statement of correction to be filed at the Tarrant County Clerk's Office. This agenda item is to authorize the statement to be filed with the County Clerk. In addition, because it was not clear whether the mayor's signing of the original plat was done in an administrative capacity (in other words, in the same capacity in which the city manager now serves for minor plats, in which case the city manager's signature today would be sufficient) or as the head of the city council, staff asks the Council to approve abandonment to ensure we have followed the proper procedure. IV. Fiscal Impact Summary: 405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817-985-2100 1 Fax: 817-478-7169 V. Legal Impact: VI. Recommendation: Approve VII.Alternative Actions: VIII.Attachments: 1. Illustration of portion of Swiney Estates plat abandoned, floodplain and Swiney property to non-flood lain purchase.pdf 2. Correction exhibit A EXHIBIT A LETTER . df 3. Correction exhibit B EXHIBIT B LETTER . df Exhibit B ROBERT C.ETUX BETTY J.LEE LOT I-R,BLOCK I SKINEY ESTATES DAVID L ETUX DIANA K.NUNN CABINETS,SLIDE 1113,P.R.T.C.T. CWNTY CLERK'S FILING No. D208377639,D.R.T.C.T. WILLIAM C.AND MARCH E.SYKORA I LOT 4-R,BLOCK 1 SWNEY ESTATE I CABINETS,SLIDE 2572,P.R.T.C.T. i \ 1 ETHEL�SWINEY \ SWNEY ESTATES 1 I VOLUME 398-10, AGE 93,P.R.T.C.T. I i APPROXIMA REMAINDER t8. CRES ED FRANK \ rn \ \ \ UTILITY AND TRAIL COUNTY TCLERK'S FIUNC No. li \ EASEMENT 0212319674,D.R.T.C.T. 1 I OHO S� \ 4a� A �� � 4 \ n 0 200 400 E*l BIT 9-OM NGA RRCPCEED 7,464 ACRE TRACT OF LAND SITUATED IN THE DAVID STRICKLAND SURVEY, ABSTRACT No. 1376 CITY CF KBVNH)ALE TAR�ANT CO JNTY,TD(AS Shield Engineering Group,PLLC Civil Engineering 8 Land Surveying TEPE FI3039 T8PL510193990 1600 West 711 Street Suite 200 8 7.810 O�T6_as 76102 L-\Jahe\2014034.00 Ken EDR\22 Seinsy Survey\SEG Survey\Oraxin!.s Ezhihite\140]422 E%-1.Axg LOT 3,BLOCK A GEORGE CASE ADDITION D210023898 PRTCT 1 0 2 3 LOT 1R,BLACK 1 SWINEY ESTATES CABINET B,SUDE 1113 DAVID HUNN AND WIFE, PRTCT DIAN KAY HUNN D208377639 DRTCT 4 X X X / 5 x — X X X 20 X X 6 X — x 19 LOT 4R,BLOCK 1 X X SWINEY ESTATE —— X CABINET B.SLIDE 2572 _—— x PRTCT RAYMOND LEON SWINEY AND WIFE, M�` ETHEL MAE SWINEY —— VOLUME 5458,PAGE 198 M r 7 DRTCT' — O IB 11 6 TED FRANK — 8 aK ——' 1 RAYMOND LEON SWINEY AND WIFE, �i D212319674 —— 1 ETHEL MAE SWINEY LEGEND DKrCT o -- VOLUME 5458,PAGE 196 ''/ 9 2 1 � DRTCT — PORTION OF WILLIAMSON DRIVE ,,-- 17 , ,-''°F-- x VACATED AND RETAINED AS A UTILITY dl >fEEnur1E EASEMENT AND TRAIL EASEMENT IN 9 - 9� 16 '1 RAYMOND LEON IsWoNEY AND WIFE, INST. NO. D214210746 —— ETHEL MAE SWINEY VOLUME 4644,PAGE 62 RAYMOND LEON SWINEY AND ETHEL r / MAE SWINEY PROPERTY LIMITS 10 aid r-aEEn LIt ',�-- d�E — �—* 1 RAYMOND LEO SWINEY AND �d, IS 1 WIFE,ETHEL MAE SWINEY °d =o LOT LINES EXTINGUISHED WITHIN ,- 11 2 ,,—1 VOLUME 4820,PAGE 718 ;o RAYMOND LEON SWINEY AND ETHEL DEED LINE 9 9T 0 MAE SWINEY PROPERTY LIMITS - e N b 14 11 8 LOT LINES TO REMAIN OUTSIDE OF 3° 1 RAYMOND LEON SWINEY AND ETHEL 12 c ---)--- ---- MAE SWINEY PROPERTY LIMITS ,- - 1 13 , 9 — X x REMAINDER OF TRAC 1 13 O X x LEON SWINEY AND W — - -— x WMESWI497,J —NOTE '— SAGE}DKrCT 1309% 10 ' d x DRTCT 1 Q x x /ZZ d X 1 O �0 1. THE PURPOSE OF THIS EXHIBIT IS gd 14 x --- g TO GRAPHICALLY DEPICT THE LOT �� xxx 12 11 a ary LINES CREATED BY PLAT RECORDED x x 1 3 IN VOLUME 388-10, PAGE 93 b x x LOCATED WITHIN THE PROPERTY aN 15 xxx 1 CURRENTLY OWNED BY RAYMOND TED FRANK S xxxx x LEON SWINEY AND ETHEL MAE �� D212319674 / x x x x x x x x x / X x x X SWINEY WHICH ARE TO BE DRTCT x X X x EXTINGUISHED PER THE TERMS SET i17 FORTH IN INSTRUMENT NO. D214210746 DEED RECORDS OF 16 TARRANT COUNTY, TEXAS. 4 (TRACT 2) CITY OF KENNEDALE D211141001 21 R.O.W.PARCEL NO.3 PART 2 DRTCT D21114D987 DRTCT KENNEDALE You're Here,Your Home Shield Engsneering EXHIBIT „/ \11 -' Group,PLLC Civll Engineering&Land Surveying 1600 West]th St t,Ste 20C Sl]8100,0696 s 76102 DRAWING: 1403422 EX-2.dwg DATE: 12/23/2015 DRAWN BY: JCW CHECKED BY: RWB ©2015 LOT 3,BLOCK A GEORGE CASE ADDITION D210023898 5'UTILITY EASEMENT \ PRrCT PER VOL 385-10 \ PAGE 93 DRTCT CITY OF ARLINGTON \ EASEMENT VOLUME 3048, PAGE 366,DRTCT 2 \ 3 \ LOT 1R,BLACK 1 \ SWINEY ESTATES CABINET B,SLIDE 1113 \ DAVID HUNN AND WIFE, PRrCT DIAN KAY HUNN 1 :DRAINAGE 7639 T \ 1 a , 1 1 EASEMENT VOL.388-10 AGE 93 DRTCT LEGEND ` 5 \ 10'DE PER VOL 388-10,PG.93 DRTCT \, 20\ SWINEY PROPERTY LIMITS 6 19 LOT 4R,BLOCK 1 SWINEY ESTATE UE UTILITY EASEMENT \ CABINET B.SLIDE 2572 PRTCT RAYMOND LEON SWINEY AND Wk. M�' DE DRAINAGE EASEMENT ETHEL MAE SWINEY 9 VOLUME 5458,PAGE 198 M r I 1 7 DRTCT 16 1 1 6 TED FRANK B , 'z \\ II RAYMOND LEON SWINEY AND WIRE, �— D212319674 74 1 ETHEL MAE SWINEY <N CITY OF ARLINGTON \ 9 U' 1 VOLUME 5458,PAGE 19B u= EASEMENT VOLUME 3048, �\ d 0 I DRTCT W 07 PAGE 366,DRTCT / 2 10'UTILITY EASEMENT 1�_ Co C NOTES ^ d PER PAGE 93 DRTCT—�1 ,' \ ✓� 171 1. THE PURPOSE OF THIS EXHIBIT IS \ / \ r o DEED LINL TO GRAPHICALLY DEPICT THE \ `� / 9 y \ 1 0Im LOCATIONS OF EASEMENTS CREATED \ \ / c/r,G `0\ 16 I RAYMOND LEON INEY AND"M ETHEL MAE SWINEY BY PLAT RECORDED IN VOLUME \\ `� / `\ 29a 1, VOLUME 4644,PAGE 62 I N 388-10, PAGE 93 WHICH ARE TO w 1 7 d REMAIN PER THE TERMS SET FORTH v 10 I d� IN INSTRUMENT NO. D214210746 \ \\ 2� o IRAYMOND LEO SWINEY MIDI DEED RECORDS OF TARRANT \ i1Z 1s I I VOLUME H4820,PAGE 718 N° COUNTY, TEXAS. VOLUME ME 3046.PAGE 366. RTCT \ 11 cO\ pF III RfCf DEED LINEE A 9 uN 0! 2. CITY OF ARLINGTON EASEMENT AS 14 I,II s RECORDED IN VOLUME 3046, PAGE 366, DRTCT TO REMAIN IN FULL FORCE AND EFFECT AND IS SHOWN / \\ 12 o 11 HEREON FOR INFORMATION ONLY. / r / 1 1 / \VV `7 13 1 1 9 3. ALL BUILDING LINES SHOWN ,'� \\ wm REMAINDER OF IRAQI 1 SWINEY AND HEREON WHICH WERE CREATED IN \ 13 O °�� LEON MEL SWINEY 1 THE PLAT OF SWINEY ESTATES IN \ g \PAGELUME 1Lc 13 I 10 VOLUME 388-10, PG. 93 ARE NOT \ i DRTCT °41 a AFFECTED BY THE TERMS OF \ ; :: Ia 1111 (D gam^ INSTRUMENT NO. D214210746 DEED \ kl- 11 RECORDS OF TARRANT COUNTY, $�v 0- 12 1 1 All TEXAS. AND ARE SHOWN FOR zs'°PER 385-10 EASEMENT \ z ` `` 1 1 11 a a INFORMATION ONLY. PAGE 93 DRTCT 9t 1, a \ W IS TED FRANK „ \ D212319874 \ \ // DRTCT NL \ / \10'DRAINAGE 17 EASEMENT PER VOL 388- V / PAGE 93 DRTC V „ 16 �S / 44- 10,DRAINAGE 9 EASEMEN PER VOL 388 10\ �" PAGE 93 DRTCT 4� V (TRACT 2) CITY OF KENNEDALE D211141001 21 R.O.W.PARCEL NO.3 PART 2 DRTCT D21114D987 DRrCT l k, Shield Engsneering DCHI BI T ��B" Group, nL n II live°9�°ee��°9&�a°° KENNEDALE ev r Yo s9 TIPLS You're Here,Your Home 1600 West]th St t,Ste 20C ffi]a10,Tass]6102 DRAWING: 1403422 EX-2.dwg DATE: 12/23/2015 DRAWN BY: JCW CHECKED BY: RWB ©2015 KENNEDALE You're Here,Your Home www.cityofkennedale.com Staff Report to the Honorable Mayor and City Council Date: January 18, 2016 Agenda Item No: REQUIRED APPROVAL ITEMS - G. I. Subject: Approval of beer and wine sales at the Brickworks Festival II. Originated by: Kelly Cooper, Director of Human Resources III. Summary: The Brickworks committee has submitted its application to sell alcohol in TownCenter Plaza during the April festival, April 15, 16, and 17, 2016. This application falls under the guidance of City Ordinance 468 Section (2) (a): "The City Council is authorized to allow nonprofit groups and nonprofit organizations to obtain temporary written permission from the City for the sale and consumption of alcohol in parks during special events for a period not to exceed 72 consecutive hours. A nonprofit group or nonprofit organization may apply for a special event permit to allow the sale, consumption, or possession of alcoholic beverages in to city park during a special event. If the permit is granted by the City Council, the sale, consumption or possession of alcoholic beverages shall be allowed at the location sand during the times specified in the permit, notwithstanding Section 16-4. Any permission to sell alcohol granted by this Section is contingent on the seller obtaining all necessary authority to sell alcohol from the Texas Alcoholic Beverage Commission. All consumption or possession of alcohol allowed in parks during special events is limited to the consumption or possession of alcohol purchased at the event from a retailer possessing an appropriate state law license or permit to sell alcoholic beverages at the event" Art in the Park/Brickworks Festival has sold beer and wine off and on since its inception. A representative from the Brickworks Festival will be available during the City Council meeting to answer questions. IV. Fiscal Impact Summary: V. Legal Impact: VI. Recommendation: Approve VII.Alternative Actions: VIII.Attachments: 1. City Permit Permit to sell alcohol in parks.doc 2. Site Map 2016 2015 map.pub 3. Safety and Security Plan Safety Plan.doc 405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817-985-2100 1 Fax: 817-478-7169 CITY OF KENNEDALE Permits & Planning Department APPLICATION TO SELL ALCOHOL IN CITY PARKS Applicant Brickworks Festival Committee NAME OF ORGANIZATION: Brickworks Festival Committee, Kennedale TX HEAD OF ORGANIZATION: Bob Hart Organization Mailing Address: 405 Municipal Drive (Street) Kennedale, TX 76060 (City, State, Zip Code) Organization Phone: 817-985-2102 SPECIAL EVENT CHAIRMAN (NAME AND ADDRESS): April Coltharp, Kelly Cooper (THIS PERSON WILL BE RESPONSIBLE FOR CONDUCT AT THE SPECIAL EVENT.) Special Event Chairman Phone: 817-985-2106 Special Event Information NAME OF EVENT AND DESCRIPTION OF EVENT: The Kennedale Arts and Culture Board presents the 81" annual Brickworks Festival (previously known as Art in the Park). This FREE three-day event will be held in the beautiful TownCenter Park. Brickworks Festival celebrates the history of Kennedale as well as a variety of unique visual, musical, and performing art talent and features artists and vendors from the surrounding area. As one of Kennedale's anticipated annual events, Brickworks will focus on the artists and their work, while offering delectable award winning food in the food court, live music performances and unique activities for children in the kid's zone. Hours of event: Friday —4:00 p.m. to 10:00 Dates to be held: April 15, 16, 17, 2016 pm; Saturday — 10:00 a.m. to 10:00 p.m.; Sunda — Noon to 6:00 p.m. Estimated number of persons to attend: 6,000 cumulative CITY OF KENNEDALE Permits & Planning Department Event address: TownCenter Park, 405 Municipal Drive, Kennedale TX 76060 (Street) Additional Information No permit shall be issued until satisfactory proof has been provided that liability insurance has been obtained in compliance with the Texas Alcoholic Beverage Code and rules issued by the appropriate state agency. Has the organization obtained liability insurance in compliance with the Texas Alcoholic Beverage Code and rules issued by the appropriate state agency? ® Yes ❑ No Please submit with your application a copy of the certificate of insurance. Has the applicant received all necessary authority to sell alcohol from the Texas Alcoholic Beverage Commission? ❑ Yes ® No If no, has the applicant applied for all necessary authority to sell alcohol from the Texas Alcoholic Beverage Commission? ❑ Yes ® No Date application was submitted to TABC: We will apply after we receive approval rom the City Please submit the following information with your application: ❑ Site layout information, including all exits and locations where alcohol sales are proposed ATTACHED CITY OF KENNEDALE Permits & Planning Department ❑ Security information - ATTACHED. Will include overnight security and police presence during the day. ❑ Storage and containment information, if established at time of application - Will be provided by the restaurant. Locked in a secure truck and or building ❑ Food vendor information (for vendors who will sell alcohol) - No Frills Grill is considering providing this service and will provide TABC certified servers. ❑ A copy of the current, valid 501(c) determination letter (or other proof as required by the City) GRANTING PERMITS FOR ALCOHOL SALES IN PARKS. The City Council shall issue a permit for the proposed special event within sixty (60) days of receipt of an application, unless the Council finds that: (1) The conduct of the special event will require the diversion of so great a number of police officers of the City to properly police the special event and the contiguous areas, so that adequate police protection cannot be provided the remainder of the City; (2) The conduct of the special event will require the diversion of so great a number of ambulances, so that adequate ambulance service to portions of the City not occupied by the special event and contiguous areas will be prevented; (3) The conduct of the special event is reasonably likely to result in violence to persons or property causing serious harm to the public; (4) The special event is to be held for the primary purpose of advertising a product, or goods, and is designed to be held primarily for private profit and no public purpose is served; (5) The special event will interfere with the movement of firefighting equipment to such an extent that adequate fire protection cannot be provided to the City; or (6) The special event will conflict in time and location with another special event, a permit for which has been granted. CITY OF KENNEDALE Permits & Planning Department The City may establish appropriate fees for issuance of such permit by resolution of the City Council. FOR STAFF USE ONLY DATE PERMIT APPLICATION RECEIVED: In issuing such permit the City Council may designate an area within the city park or facility for the serving, possession and consumption of alcoholic beverages under such permit, and shall establish such hours that the beverages may be dispensed, consumed, or possessed under the permit. The city manager or his designee is further authorized to adopt and enforce such other appropriate health, safety and welfare measures to ensure safe use of the premises and general welfare of the areas adjacent thereto. List staff recommendations, if any, for hours in which alcoholic beverages may be dispensed, consumed, or possessed under the permit: List staff recommendations, if any, for area(s) within the city park or facility for the serving, possession, and consumption of alcoholic beverages under the permit: Additional Comments: Recommendation: ❑ Approval ❑ Denial Signature of director of development services/permits official: Signature of parks superintendent: Signature of fire chief or authorized fire department representative: Signature of police chief or authorized police representative: AW TownCenter Park a M W aP Ab V. Cat of Kennedale r■■ �, r r" �■■�■ 405 Municipal Drive Kennedale, TX76060 Safety Plan for the 2016 Friday April 15 through Sunday, April 17, 2016 Event Description: Friday, April 15 through Sunday, April 17, 2016, the Kennedale Arts and Culture Foundation, a 501(c) 3 Non Profit Organization of the Qty of Kennedale will be hosting and promoting the 2016 Brickworks Festival in TownCenter Park, Kennedale Texas. We are anticipating 6,000 patrons to take part throughout the weekend. Local and regional artists will participate in displaying and selling their art and playing on stage. Kennedale Arts and Culture Foundation invite you to experience art in all forms as creative forte's blossom throughout the Park. This all weekend event is a perfect opportunity to experience the magic of Kennedale during the spring season with art, music,food, fun and much,much more. What to expect throughout the day(times vary for each event): • Sidewalks spring to life with color and creativity as artists' share their talent. Over 60 local and regional artists will showcase their talents during the event. Friday(4/15) 4:00 pm to 10:00 pm Saturday(4/16) 10:00 am to 10:00 pm Sunday(4/17) 12:00 pm to 5:00 pm • Imaginations run wild with creativity in the Children's Area through a variety of activities. Friday(4/15) 4:00 pm to 8:00 pm Saturday(4/16) 10:00 am to 8:00 pm Sunday(4/17) 12:00 pm to 4:00 pm • KSD Students will present their impressive work at the Youth Art Exhibit and Competition in the Youth Art Exhibit all weekend,with announcements of the scholarship winners on Sunday,April 17,2016 at 3:00 p.m. • Brickworks Festival rounds out a perfect day as the evening kicks into full energy with live music and entertainment beginning at 6:00 p.m. Friday and Saturday nights. Kelly Cooper and Charles Comeaux from Qty of Kennedale are responsible for organizing and coordinating logistics and communications for this event. Communications will be used with Radio, Channel 1. However cell phones will also be available: Kelly Cooper (940.765.2236) and Charles Comeaux(682.429.2717)during the event. Procedure for Reporting an Emergency Police personal will be on site(after park closes each night also)to assist in the event of an emergency and provide security. However in all cases, Committee, Volunteers and City Personnel are to dial 911 to report an emergency. When reporting an emergency, the caller should identify the nearest Gate to the emergency. Sgnage will be provided by the Fire Department as wel I as fi re extinguishers at each gate. On-Site Safety Coordinator Police Department Personnel will be the on-site Safety Coordinators. If a Safety issues occurs please dial 911. Inclement weather and other issues will be communicated to Brickworks Festival Committee and City personnel with mitigating instructions and response as needed. Risk and Mitigation 1 Fisk: Lost Parent Mitigation: If a child has lost a parent, you are to escort the child to the stage area as well as notify/contact Kelly Cooper. An announcement will be made notifying the parent through the sound system that their child is looking for them and located at the stage area. Should a parent not present themselves within 10 minutes an emergency personnel (Police)should also be notified. Fisk and Mitigation 2 Fisk: Injury or Illnessof aPatron Mitigation: In the instance where a Patron is injured, and should the situation warrant immediate paramedic assistance call 911. Police will be on site at the event and can assist, however the quickest response may be to call 911. Fdsk and Mitigation 3 Fisk: General Population Threats Mitigation: In the event of a population threat (bomb, terrorist, assault) the KPD will respond accordingly, take over communications and provide any necessary instructions to the committee, volunteers and general public. The KFD will activate Incident Command. Fisk and Mitigation 4 Fisk: Fire in the Park Mitigation: If you see a fire, you are to call 911 immediately. KPD will coordinate emergency evacuations if needed. Event Staff should assist in evacuation of the area, until Fire Personnel arrive. Fire Extinguishers will be at each gate location for vendor use should it be necessary. Rsk and Mitigation 5 Fisk: Inclement weather occurs during the event Mitigation: The Police Department will monitor and notify event staff should severe weather or lightning threaten Kennedale. If it is determined that an evacuation is required, PD will take over communications providing instructions to event staff and to the general public. In the event that evacuation is necessary, the public may find shelter at the Community Center or City Hall based on their proximity to either building. Announcements for inclement weather may be made by PD through the stage sound system if necessary or by utilizing radios. Committee Members Contact Information POSITION NAME BUS/CELL PHONE Event Chair Bob Hart 817-985-2102 Operations Kelly Cooper 817-985-2106 Operations/Setup Charles Comeaux 682-429-2717 Operations/Setup Michael Chandler 817-271-9111 Sponsor/VendorChair April Coltharp 817-614-5530 Volunteer/Pet Parade Adrienne Kay 817-614-6144 KISD/Entertainment Linda Graddy 817-475-6876 Entertainment Doug Parker 817-296-9049 KISD Art Display LaCresha Sanders 682-556-1763 Historical/Alumni Laurie Sanders 817-516-5076 Committee Assistant Vickie Chandler 817-308-9911 Kids Zone/Children Josh Nieman 817-681-8725 Activities Marketing/Promotions Leslie Galloway 817-239-7323 KENNEDALE You're Here,Your Home www.cityofkennedale.com Staff Report to the Honorable Mayor and City Council Date: January 18, 2016 Agenda Item No: REQUIRED APPROVAL ITEMS - H. I. Subject: Approve Schedule of Investment Activity for quarter ending December 31, 2015 II. Originated by: III. Summary: In accordance with Public Funds Investment Act (PFIA), the investments should be reported quarterly. This is for the 1 st quarter for FY 16 and subsequently will be presented for each quarter to Council to stay current with PFIA. IV. Fiscal Impact Summary: V. Legal Impact: VI. Recommendation: Approve VII.Alternative Actions: VIII.Attachments: 1. Qtr Ending 12/31/15 Investment Report IDecember 31'2015 Qtrly Investment Report . df 405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817-985-2100 1 Fax: 817-478-7169 City of Kennedale, Texas SCHEDULE OF INVESTMENT ACTIVITY For The Quarter Ending December 31, 2015 aTyoF IEJNE)ALF,TEXAS INVESTMENT REPORT FORQUARTER ENDING DECEM BE231,2015 The Quarterly Investment Report provides the aty's investment portfolio position as of the report period indicated above.Fund of the Oty are invested in accordance with the aty of Kennedale Investment Policy asoriginally adopted on September 13,2001 and subsequently reviewed on October 19,2015. SJM MARY OF I NVESTM BUTS FORTHE QUARTER 99.2%of the Oty of Kennedale's investments are owned by the Pooled Cash Fund.The remaining.8%goes to the$2.OM 2010 00 Bond Fund,$1.7M TX Leverage Fund,and Gearing Funds.As of the reporting quarter,63.47%of the aty's investments are in investment pools,and 36.53%are invested in money market savings accounts. I NVESTM ENT STRATEGI ES The aty's main objectives in managing the portfolio are as follows.suitability,preservation&safety of principal,liquidity, marketability,diversification, and yield(91 Day Treasury Bill benchmark-earned.01-.03%during applicable quarter). INVESTM ENT FORTF000 ALLOWABLE BFEAKDO N Certificatesof Deposit(25 0/6),Investment Pools(100%)*,Money Market Mutual Funds(100%)*,Repurchase Agreements(50%)*,Government Obligations (25 0/6), US Treasury & US Agency Callables (25 0/6), US Government Agencies & Instrumentalities (100 0/6), and US Treasury Notes/Bills (100%) *(no more than 50%in any individual pool,fund,or repurchase agreement) M ONTHLY BALANCES-INVESTMENTS Investment Pool Account Name Interest Fate October 2015 November 2015 December 2015 Interest Earned Texas Daily Consolidated Cash 0.09% $ 31,383.23 $ 31,387.02 $ 31,393.03 $ 13.81 TeX3ar Consolidated Cash 0.07% 327,058.64 327,089.70 327,141.60 113.46 TexPbol $1.7M TX Leverage 0.062% 19.25 19.25 19.25 - TexPbol $2.OM 00 Bond 0.004% 29,446.64 29,449.36 29,454.04 9.83 TexPool Central Deposit 0.005% 546,948.62 490,823.35 1,923,420.89 230.07 TOTAL I NVESTM ENT POOLS $ 934,856.38 $ 878,768.68 $ 2,311,428.81 $ 367.17 MONTHLY BALANCES VVBJ..SFARGO Bank Account Name Interest Fate October 2015 November 2015 December 2015 Interest Earned Wellsfargo Consolidated Cash N/A $ 1,334,944.40 $ 1,203,406.27 $ 1,330,167.46 $ - Wellsfargo Payroll Gearing 0.04 0/6-0.05°` 38,394.71 2.52 3.14 7.31 Wellsfargo Section 125 Rex 0.04 0/6-0.05°` 25.76 25.76 25.76 - Wellsfargo Dick Price Pd 0.005% 7.39 7.39 7.39 - Wellsfargo Employee Health Benefit Trust N/A 11.20 11.42 11.64 2.22 TOTAL WELLSFARGO $ 1,373,383.46 $ 1,203,453.36 $ 1,330,215.39 $ 9.53 TOTAL MONTHLY BALANCES ALL $ 2,308,239.84 $ 2,082,222.04 $ 3,641,644.20 $ 376.70 TRANS4CII ON ACTIVITY-I NVESTM BUTS Balance Balance Investment Pool Account Name 10/1/2015 Deposits VMthdrawls Interest 12/31/2015 Texas Daily Consolidated Cash $ 31,379.22 $ $ $ 13.81 $ 31,393.03 TeX3ar Consolidated Cash 327,028.14 113.46 327,141.60 TexPbol $1.7M TX Leverage 19.25 - 19.25 TexPbol $2.OM 00 Bond 29,444.21 9.83 29,454.04 TexPbol Central Deposit 965,235.93 2,913,151.81 (1,955,196.92) 230.07 1,923,420.89 TOTAL I NVESTM ENT POOLS $ 1,353,106.75 $ 2,913,151.81 $ (1,955,196.92) $ 367.17 $ 2,311,428.81 TRANS4CTION ACTIVITY-VVBJ.SFARGO Balance Balance Bank Account Name 10/1/2015 Deposits VMthdrawls Interest 12/31/2015 Wellsfargo Consolidated Cash $ 1,593,026.64 $ 3,499,926.61 $ (3,762,785.79) $ - $ 1,330,167.46 Wellsfargo Payroll Gearing 43,671.14 884,130.81 (927,806.12) 7.31 3.14 Wellsfargo Section 125 Rex 369.50 1,718.70 (2,062.44) - 25.76 Wellsfargo Dick Rice Pd 7.39 - - 7.39 Wellsfargo Employee Health Benefit Trust 11.20 123,540.77 (123,542.55) 2.22 11.64 TOTALWELSFARGO $ 1,637,085.87 $ 4,509,316.89 $ (4,816,196.90) $ 9.53 $ 1,330,215.39 CASH BREAKDOWN BY FUND October 2015 November 2015 December 2015 01-General Fund $ 489,701.32 $ 360,867.64 $ 1,574,769.58 02-Debt Service Fund 51,556.23 104,585.47 587,903.62 04-Capital Project Fund 25,125.66 25,126.73 37,620.77 05-Capital Peplacement Fund 32,946.08 36,282.09 39,029.75 07-Storm Drainage Utility Fund 95,051.99 86,174.90 89,710.82 10-Water/Sewer Fund 165,218.77 (87,992.64) (164,315.95) 12-Court Security Fund 8,571.28 8,315.66 8,731.24 13-Capital Bond Fund 7.41 91,705.20 23,886.71 14-Park Dedication Fund 31,286.78 31,512.96 31,372.00 15-Economic Development Fund 39,049.19 74,907.21 101,654.75 16-Court Technology Fund 5,387.24 5,779.95 4,318.58 17-Streets Improvement Fund 579,556.93 578,588.95 529,647.17 18-J ivenile Case Manager Fund 26,827.90 25,606.53 24,761.25 19-EDC413 Capital Bond Fund 29,446.64 29,449.36 29,454.04 21-11F#1 New Hope Fund 20,478.68 (6,602.86) (12,702.86) 31-Police Seizure Fund 5,286.16 5,286.36 6,536.94 32-Library Building Fund 10,320.17 10,555.96 10,695.65 34-LEOSE Fund - - - 41-Park Development Fund 32,906.89 34,318.64 35,139.10 45-Finadway Impact Fee Fund 304,704.54 307,059.29 312,104.37 61-Water Impact Fee Fund 116,064.86 120,964.81 129,790.05 62-Sewer Impact Fee Fund 48,989.04 49,966.72 51,755.33 65-Water Improvement Fund - - - 83-Tree Peforestation Fund 67,800.00 67,802.54 67,809.10 85-Unclaimed Property Fund 1,990.24 1,990.24 1,990.24 95-®C Feserve Fund 119,965.84 119,970.33 119,981.95 TOTALALL FUNDS $ 2,308,239.84 $ 2,082,222.04 $ 3,641,644.20 Main Acmunts OtherAcmunts 2,000,000.00 350,000.00 -- - --- _ 300,000.00 1,500,000.00 250,000.00 200,000.00 1,000,000.00 150,000.00 o$2.OM 00 Bond Li 0entral Deposit 100,000.00 r yPa roll aearin 500,000.00 50,000.00 y g o Wellsfargo - o Texas Daily tioti� tioy� Hoye ttiotiy goy' y o Tex3ar e ,yoti et mt et �o� •o� ec HoldingAcmunts Distribution of Money 30.00 p 25.00 'V 20.00 - 15.00 0$1.7M TX Leverage ■Texas Daily 10.00 5.00 - u Section 125 Flex ■Tex3ar - TexPool oti` tih a Employee Health ■Wellsfargo `�°�ecti ��ttio ¢tvoti' Benefit Trust O � KENNEDALE You're Here,Your Home www.cityofkennedale.com Staff Report to the Honorable Mayor and City Council Date: January 18, 2016 Agenda Item No: DECISION ITEMS-A. I. Subject: CASE# PZ 15-13 Public hearing and consideration of approval of Ordinance No 587 regarding a request by Kennedale Economic Development Corporation for a zoning change from "AG"Agricultural to "PD" Planned Development zoning district for single family residential use for that approximately 8-acre portion outside the floodplain of an approximately 15.6 acre tract, belonging to Ethel Swiney and located in the David Strickland Survey A-1376, Tarrant County, Texas. The property is mostly located east of the former Williamson Drive as shown on the plat abandonment recorded in Tarrant County Clerk's instrument number D214210746. Addresses include 1201, 1305, & 1307 Bowman Springs Rd. 1. Staff presentation 2. Applicant presentation 3. Public Hearing 4. Applicant response 5. Staff response and summary 6. Action by the City Council II. Originated by: Rachel Roberts, City Planner III. Summary: Request: Rezone from"AG"to"PD"for single-family residential use Applicant: Kennedale Economic Development Corporation, in partnership with CHC Development Location: Bowman Springs Rd near Winding Creek subdivision and Southwest Nature Preserve (see map) Surrounding land uses: single family residential; park/open space; floodplain; golf driving range Staff recommendation: approve Planning &Zoning Commission recommendation: approve with some changes to the ordinance proposed by CHC Background and overview. This property is located near the Kennedale city limits along Bowman Springs and is part of a larger tract that include approximately seven acres of floodplain. Across Bowman Springs to the east are the Southwest Nature Preserve and Pennsylvania and Winding Creek(roads leading into the Winding Creek and Oak Hill Park subdivisions). To the north are two additional single family properties, also zoned Agricultural. To the south and west are a golf driving range and the approximately 7 acres of floodplain property mentioned above, which will eventually become part of the city's Village Creek parks system. The Kennedale Economic Development Corporation is in the process of purchasing the property; the KEDC wants only the floodplain portion, but the floodplain and non-floodplain parcels were being sold together. The KEDC has worked to identify a developer that would be interested in buying the non-floodplain portion and could develop the property in a way that meets Kennedale's goals. The KEDC is proposing to work with CHC Development; because the property is to be purchased by KEDC, KEDC is the applicant, but the proposed development standards were 405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817-985-2100 1 Fax: 817-478-7169 submitted by CHC. The Planning &Commission considered this agenda item during its November meeting but wanted to CHC to make changes to the proposed ordinance to address some development concerns. The Commission therefore postponed consideration until the December agenda. CHC made a number of changes at the suggestion of the Commission and presented the revised ordinance at the December meeting. After holding another public hearing at in December,the Commission voted to recommend approval with some additional changes. Public input The property owner to the north, Bill Sykora, addressed the Commission at the November public hearing about some concerns he had about the proposed development. He later submitted a list to staff of questions and concerns about this rezoning request. Staff have provided answers to some of the questions(see attached document), but staff also presented the list to the Commission in case the Commission wanted to address any of his concerns. Mr. Sykora did not address the Commission again during the December meeting. Staff Review. Compliance with the comprehensive land use plan. The Future Land Use Plan shows this area as Neighborhood and as Open Space, with the portions in the floodplain to be open space and the portions outside the floodplain to be used for residential purposes. The comprehensive plan states that the Neighborhood character district should be primarily residential in nature. Neighborhoods should have defined boundaries, a clear center, and be easily accessible to day-to-day goods and services...The center of a neighborhood should be a civic, public, or community use in which people can come together—such as a park, school, or neighborhood amenity center. Sample development types include single family residential, attached single-family, and cluster development. The concept plan proposes providing connections to a future city park along Village Creek, which relates to Principle #1 -Connected City from the comprehensive plan. Under the goal"Promote human and environmental health,"the Connected City principle recommends using greenbelts to connect urbanized habitats with wildlife and open space. The proposed rezoning would provide for single family residential development that connects to existing and planned/future parks and open space, which complies with the comprehensive plan. Compliance with the strategic plan. The strategic plan's recommendations do not relate to this property, the neighborhood, or the rezoning request. Compliance with City Council priorities. The Council priority"Enhance the Business Climate" relates to this rezoning request in that bringing in more residential development allows for more residents to support local businesses. Additional Factors to Consider. When considering rezoning requests, the City may also consider the appropriateness of current zoning and whether a rezoning would have an adverse impact on surrounding properties. The current zoning, AG, is not an appropriate use this close to the floodplain, as runoff from agricultural use is likely to have a negative effect on nearby Village Creek. Environmental factors aside, the City is moving toward lots sizes smaller than those called for in Agricultural zoning districts as both a water conservation measure and an effort to make neighborhoods more pedestrian-friendly, and therefore Agricultural zoning is no longer the most suitable zoning district for this property. Although the lot sizes proposed are smaller than usual for Kennedale's single family residential zoning districts, CHC's proposed regulations and the Commission's recommended changes provide a level of design control our zoning regulations generally lack and development to meet a higher standard than usual. The development should have no adverse impact on surrounding neighborhoods. Staff Recommendation. The requested rezoning complies with the comprehensive land use plan as well as city goals and priorities, and it will not have an adverse impact on surrounding properties. Staff recommends approval. Planning &Zoning Commission Recommendation. The Commission considered this case during its December meeting and voted to recommend approval with changes to the ordinance. Ordinance 587 includes the recommended changes. Action by the City Council. The Council may approve, approve with conditions, deny, or deny without prejudice the request for rezoning. You may also postpone the case; if you postpone consideration, you must state when the case will be considered again. IV. Fiscal Impact Summary: V. Legal Impact: VI. Recommendation: Approve VII.Alternative Actions: VIII.Attachments: 1. PZ 15-13 map of site PZ 15-13 ma -- com reused. df 2. PZ 15-13 future land use plan PZ 15-13 Future Land Use Plan. df 3. Questions from neighbor B. Sykora —Sykora questions.pdf 4. Ordinance 587 PZ 15-13 ordinance - CC updated copy.pdf 5. Ordinance 587- Exhibit A PZ 15-13 metes & bounds descr. df Ordinance 587- Exhibit B concept plan 1PZ 15-13 Exhibit B revised. df s uawuaano o rouno sexa ea ua o woa"faa6ewr euae e e eo w - � - - _ aouasip�esierddy aue�aelay�wo�{e�ep/✓epunoq famed x i CD U- 0 rz co CD 0 r � M Z Q I � } o � z z w a 0 rS-1 O O O N ," N MOW7 Min 4-1 CU SJNRjdS NyWMOB O (B N _0 -0 cu X � U �- C " O -r-U) U) - U) Fu bA C Q CU a 3 Z � 0 � �CU o m N I fB e--i v C N C N c _ °' :L- a Y E >, o U 2 21 � N C fB M fB T 1 Q r 0 E I I I L L ii � _E w v N w v LL W LL O fi h•- v° F-I OJ MEN MEN u u N m o } 'F'V�• � S� � � Z Z Z 1�-� � � 1, i1 lf\ Q MEN Cc 'W U v a `- 0 - cr ,...: (c Q N C6 „ �< N if ` \u V 1 P >_VM4E>#QKE• :5� 0:50*&• § $ • a• "0*# - AY OU 3 Y CFE n 4<°£V Utility easement —There is a 6.5'x200' utility easement on the Sykora property located t o t he north of the proposed development. It is not clear if the same easement extends to the new development property. Currently phone lines extend on the side of the property to be developed. How isthisto be resolved? I looked at the original 9/viney Estates plat, and on this property line, I don't believe there isa utility easement. The City usually requires a 7.5' easement be dedicated along the side property lines of any lot to be platted. Any necessary easements wil I be required to be dedicated as part of the platting process. If a phone line is located along the side property line, the phone company most likely has an easement that was dedicated sometime after the property was originally platted. This easement would remain in place when the property is platted again unlessthe phone company requested something different. Topography—The proposed plat is not clear on how the land will be graded for residential lots. Currently the land isa continual slope to the west. If the lots are to be graded to a horizontal level, how would the lots be adapted to the slope of adjacent properties? Would retaining walls have to be built? The grading plan will be submitted and reviewed by the city during the platting stage. If slope/topography is great enough that retaining walls are needed, then retaining walls will be required. Trees- Ourrently there are trees on both sides of the property lines with limbs overhanging the adjoining property. What isthe proposal to addressthis? For treeson the SNiney property, the Qty hasa tree removal permit requirement that the developer will have to adhere to.Anytreesto be removed must be indicated on a plan to be reviewed by the City, with certain trees required to be replaced (or fee paid in lieu of replacement). For the trees are on your property, the developer of the SNiney property would not be permitted to cut down the trees, but they would be permitted to trim back the portion that overhangs the SNiney property. Fencing—According to the proposed fencing restrictions, a six foot wooden fence is to be constructed on anything other than public right of way. Is existing fencing to be removed and whose responsibility isthis? If you have an existing fence on your property line installed by you, thiswould remain in place unless a different arrangement wasworked between you and the new property owner. If the fence was installed by the SNineys, thiswould be permitted to be replaced by the developer or home builder. Houses— Nothing is mentioned in architectural controlsconcerningtwo story structures. Due to the small lot sizes the privacy of all neighbors would be infringed. It would be strongly recommended to limit structures to one story with the exception of agreement by all adjoining neighbors. With the growing popularity of small lot developments, many builders these days have experience creating designs that allow for plenty of privacy, even with two-story homes. But I will pass this comment and your other comments/questions along to the Planning & Zoning Commission so the members will know of your concern. ORDINANCE NO . 587 AN ORDINANCE AMENDING ORDINANCE NO. 40, AS AMENDED THE ZONING ORDINANCE OF THE CITY OF KENNEDALE, TEXAS BY REZONING CERTAIN PROPERTY WITHIN THE CITY LIMITS FROM "AG" AGRICULTURAL ZONING DISTRICT TO "PD" PLANNED DEVELOPMENT DISTRICT; PROVIDING FOR THE AMENDMENT OF THE OFFICIAL ZONING MAP TO REFLECT SUCH CHANGES; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; 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 municipality acting under its charter adopted by the electorate pursuant to Article XI, of the Texas Constitution and Chapter 9 of the Local Government Code; and 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, the City of Kennedale desires to promote the redevelopment of certain property located near the Village Creek floodplain that would be appropriate for and complementary to its location adjacent to a future park system, when such development is consistent with the comprehensive land use plan; and WHEREAS, Kennedale Economic Development Corporation, which has a proprietary interest in said property being an approximately 8-acre portion outside the floodplain of an approximately 15.6 acre tract, belonging to Ethel Swiney and located in the David Strickland Survey A-1376, Tarrant County, Texas, such property being mostly located west of the former Williamson Drive as shown on the plat abandonment recorded in Tarrant County Clerk's instrument number D214210746, wishes to encourage development of this property in keeping with the goals and vision of the City of Kennedale in order to promote economic growth of the city; and WHEREAS, CHC Development wishes to pursue redevelopment of said property in keeping with the Kennedale Economic Development Corporation's vision and goals; and WHEREAS, the City of Kennedale believes the ordinance as proposed would help achieve the vision set forth in the comprehensive land use plan; and WHEREAS, the City Council has determined that a planned development zoning district is the most appropriate zoning district to facilitate the development of the property; and WHEREAS, a public hearing was duly held by the Planning and Zoning Commission of the City of Kennedale on the 17th day of December 2015 and by the City Council of the City of Kennedale on the 18th day of January 2016 with respect to the zoning changes described herein; and s 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 Council does hereby deem it advisable and in the public interest to amend the City's Zoning Ordinance as described herein. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KENNEDALE, TEXAS: SECTION 1: The Comprehensive Zoning Ordinance is hereby amended so that the zoning classification and the uses in the hereinafter described area shall be changed and or restricted as shown and described below: An approximately 8-acre portion outside the floodplain of an approximately 15.6 acre tract, belonging to Ethel Swiney and located in the David Strickland Survey A-1376, Tarrant County, Texas, such property being mostly located west of the former Williamson Drive as shown on the plat abandonment recorded in Tarrant County Clerk's instrument number D214210746 ("the property"), as more particularly described on Exhibit "A" attached hereto and incorporated herein, from "AG" Agricultural to "PD" Planned Development District ("Swiney Estates PD") for single family residential use with modified restrictions, as more fully described on the Concept Plan, attached hereto as Exhibit "B" and incorporated herein. SECTION 2. The use of the Property shall be subject to the restrictions, terms and conditions set forth in the Concept Plan, attached hereto as Exhibit "B", and the Concept Plan is hereby approved. The use of the Property shall further conform to the standards and regulations of the "R2" Single Family Residential zoning district and to Chapter 17, Division 10 Subdivision Design Criteria of the City of Kennedale City Code, to the extent not modified in this Ordinance and the document attached as Exhibit "B", and shall be subject to all other applicable regulations contained in the Zoning Ordinance and all other applicable and pertinent ordinances of the City of Kennedale, where not otherwise controlled by the regulations set forth below. The Property shall conform to the following supplemental standards and regulations, which shall supersede any other requirements to the extent of a conflict: 1) Property location and size. Kennedale Residential is established on property located west of Bowman Springs Rd. and approximately 0.31 miles south of Interstate 20 with access off of Bowman Springs Rd. This Planned Development is comprised of five (5) tracts of land consisting of approximately 8.2 gross acres, more particularly described on Exhibit 'A' and shown on the Exhibit 'C' Development Plan , which is attached hereto for all purposes. s 2) Purpose To create a Planned Development for thirty-five (35) single family residential lots. The minimum gross density and a net density are as shown on the Development Plan. An enhanced entry will be provided at the connection point to Bowman Springs Rd. 3) Development plan. The proposed Development Plan as shown on Exhibit `B' will be in complete accordance with the provisions of the approved Planned Development and shall be binding upon the applicant thereof, his successors and assigns, and shall limit and control all building permits. 4) Community Architectural Controls. A) An Architectural Control Committee will govern the architectural attributes within this Planned Development. Architectural attributes for this residential development will consist of the following: 1) The front entry to a house will be well -defined and kept proportional to the house. The front entry will be designed so as not to distract from the rest of the house. 2) Only specialty windows such as box windows or circular windows may be flush mounted to the exterior face of the house, all other windows are to be inset to create relief on the elevations. 3) Facades will avoid large expanses of uninterrupted single exterior materials and must be broken up by changes in plane through architectural attenuation, accented with the effects of window placement, window trim, or material type and color changes. 4) Shutters, if provided, will be sized and shaped to match the associated openings. 5) Gutters, if provided, will be exposed or painted copper, galvanized steel, or aluminum if exposed to the street. 6) All asphalt roof shingles will be laminated architectural shingles with a three dimensional appearance and warranted for at least thirty (30) years. a) Roof Materials. i. All roofs must be constructed with 3 tab/3 dimensional shingles and must have ACC approval. ii. Roof Colors must be submitted for ACC approval. 7) A minimum roof pitch of 6:12 (inches of rise per inches of run) from side to side will apply to the predominant roof with the exception of a tile or slate roof that may have a minimum roof pitch of 5: 12 from side to side. A variety of roof pitches may be incorporated into the roof design provided that the predominant roof has at least a 6:12 pitch. Porch roofs shall have a minimum 4: 12 pitch. See variation below. 8) In order to encourage variety on a continuous block, the exterior facades for houses will vary within every 6 houses. Once a house is constructed the same combination of brick, stone, masonry-like materials, and paint will not be used within four (4) houses on either side of that house. 9) Exterior facades will be 100% masonry on the front, a minimum of 80% masonry on the sides and rear. Masonry materials shall be a required by Kennedale City Code Section 17-405. The exception to this are walls over the roof, such as bay or dormer windows, chimneys, or fireplaces, which are not required to be masonry. 10) Chimneys. a) All chimneys must meet industry safety guidelines. b) Chimneys on an exterior wall shall be constructed completely to the ground so as not to appear cantilevered from the building. c) Chimneys located on exterior wall must be 100% masonry. d) Chimney color to match base or accent material of the house or compliment color of roof. e) No wood trim shall be allowed on the chimney. f) Any other materials shall be masonry or cementitious materials. Non- cementitious materials shall not be used without written approval from the ACC. 11) All garages will be decorative wood, carriage style, or decorative color metal doors. Design between garage and home shall use same or complementary colors and materials. 12) All exposed wood accents and wooden garage doors will be double stained and sealed or painted with two (2) coats for protection and regularly maintained as enforced by the HOA. 13) Decorative street lighting will be utilized and will conform to Oncor and City of Kennedale standards and include the following if approved by and available from Oncor: low profiling lighting; or induction lights (LED), scotopic lumens allowing street lights with lower wattages and lower photopic lumens. Lighting shall be consistent with the design of the neighborhood and shall be distinguished from lights on adjacent or nearby arterial streets. 14) Any home with a covered front porch shall have a minimum depth of five (5) feet and shall be at least fifty (50) square feet in total size to allow this space to be usable. A covered porch may encroach into area designated as front yard or side yard not greater than five (5) feet to help improve the architecture of the home and the character of the street. For wrap-around porches or any other porch style whose full width is not located on the front facade, a minimum of fifty (50) percent of the front porch shall be located on the front facade. 15) The landscape design along Bowman Springs Road will utilize enhanced brick or masonry screen walls, wrought iron, and architectural features at the entrance to the subdivision. 16) All common open space, landscaping in open space areas, private roads, and masonry screen walls will have a mandatory Home Owners' Association (HOA) to maintain those improvements. Any final plats or replats for this development district shall contain a note stating which retaining walls are to be maintained privately, either by individual owners or the HOA. 17) All lots with rear yards or side yards facing Bowman Springs Rd. shall use Is wrought iron fencing or masonry walls that conform to the City of Kennedale standards and will be installed by the developer and maintained by Homeowners' Association (HOA) 18) All lots with rear yards or side yards facing the Village Creek open space shall have six-foot (6) high wrought iron fencing that conforms to the City of Kennedale standards and be installed by the builder as their primary option. The homeowner may be given a choice of wrought iron or cedar fencing that conforms to this PD, and the City of Kennedale standards. The fence is to be installed by the builder, and if a cedar privacy fence is chosen as the fencing option, the builder will contribute $500 to the Village Creek Parks fund at the time the building permit is issued. 19) The side yards and rear yards of all residential lots that are not facing public right-of-way or Village Creek open space shall have a minimum six-foot (6) high cedar fence to be installed by the builder and maintained by homeowner. 20) Utility, Service and Mechanical Equipment a) All equipment related to utilities intended to serve one Lot shall be installed by the Owner of the Lot and shall be located underground if possible. b) All services to the Lot, including pre-wiring for cable television, must be installed underground if available. c) Ground-mounted mechanical equipment, such as HVAC units, shall be screened from view and grouped together away from street and public view. Private, surface-mounted mechanical equipment, air conditioners, condensers, compressors, pool equipment, switches, etc. should be placed behind the side yard fence of a Lot. 21) All cedar fencing will comply with the following requirements: a) Use all cedar wood, 1" x 6" cedar planks, minimum 2" x 4" cedar horizontal stringers, and 2" x 4" baseboards. b) Treated on both sides with cedar tinted preservative or equal quality stain, double stained. C) Fence planks or panels must be at least five-eighths of one inch (5/8") in thickness. Fence planks or panels must have a gap between the ground and the wood to prevent rotting and decay. d) All vertical posts, stringer brackets, all other hardware to construct wooden fencing and gates will be galvanized steel. e) All vertical post shall be set at a maximum distance of eight feet (8') apart. All posts shall be set at a minimum depth of twenty-four inches (24") deep incased in concrete and caped. fl All materials will be securely fastened (i.e. vertical boards to horizontal stringers, stringers to vertical posts) and be free from rot, rust, vandalism, and other sources of decay. g) Cedar fencing shall include a baseboard that is located within 6" from the bottom of the fence. 22) The ACC shall require builder(s) to provide at least two (2) single-story options for homebuyer consideration. 5) General conditions. A) Landscaping and Open Space. 1) The City's Landscaping ordinance will supersede where this ordinance is silent. This ordinance will supersede to resolve any conflicts. 2) There will be a minimum of two 3" caliper trees per residential lot located in the front yard and installed by the homebuilder. All tree locations and types will conform to the City of Kennedale ordinances. 3) There will be a minimum of 6 three-gallon (3 gal) shrubs per residential lot located in the front yard. All shrub locations and types will conform to the City of Kennedale ordinances. 4) There will be a minimum of one three-inch (3") caliper trees or two five-gallon (5 gal) shrubs in backyards for lots with the rear of the property adjacent to a thoroughfare, park, park land or open space. 5) All lawns and landscaping will be irrigated. 6) Landscaping will be installed by the developer at the entry to the subdivision and in common areas, including within the right-of-way for Bowman Springs Road and along the subdivision screening wall and along the right-of-way on Bowman Springs Road adjacent to the planned development district. a) Landscaping shall be irrigated b) Plants shall be conducive to the Southwest Nature Preserve and Village Creek green belt, as to blend the entry and the community into the natural surroundings. c) The following plant types shall be included in the landscaping along the Bowman Springs Rd right-of-way: i. Irrigated climbing vines; ii. 4- Five-gallon (5 gal) shrubs; iii. 7- three-inch (3") caliper trees. 7) Landscaping installed by the developer shall be maintained by the Homeowners' Association (HOA). 8) Right-Of-Way. Street right-of-way will be equal to 50' in width. 9) Lot Area and Setbacks. Lot areas and setbacks will be as shown on the Exhibit 'C' Development Plan. 10) Minimum Floor Area per dwelling unit. All lots will have a minimum of 1,800 square feet of dwelling space. 11) Perimeter Walls/Screening. The perimeter walls adjacent to Bowman Springs Road will be a minimum of 6' in height and constructed of 100% masonry or wrought iron. B) Sidewalk Requirements. 1) A. Sidewalks will be required throughout the development. If not installed by the developer, sidewalks along residential lots are to be constructed by the home builder at the time of home construction for each residential lot. 2) Sidewalks shall be a minimum of five (5) feet in width. Q Access to the public park will be provided within the development. 1) Access shall comply with accessibility standards and fire code. 2) A gate with lock will be provided at the access point to the subdivision. 6) Homeowners'Association. A mandatory homeowners association (HOA) will be responsible for the maintenance of the common landscape areas and exterior retaining walls within the development that are built by the Developer (any landscaping and retaining walls built by the homebuilder will be maintained by that property owner). B) The homeowners association will have rules and regulations to ensure the proper maintenance of home exteriors and common areas. C) The homeowners association will include an architectural control committee (the "ACC") to review and approve all proposed home plans prior to construction. D) Developer will maintain control of the HOA and the ACC until 100% of the lots have been sold and at least 70% of the building permits have been issued. SECTION 3. 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 and with a view of conserving the value of the buildings and encouraging the most appropriate use of land throughout the community. SECTION 4. The City Secretary is hereby directed to amend the official zoning map to reflect the changes in classifications approved herein. SECTION 5. The use of the properties 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 6. This Ordinance shall be cumulative of all provisions of ordinances and of the Code of Ordinances of the City of Kennedale, Texas (1991), as amended, including but not limited to all Ordinances of the City of Kennedale affecting zoning and land use, and shall not repeal any of the provisions of such ordinances except in those instances where provisions of such ordinances are in direct conflict with the provisions of this ordinance. SECTION 7. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 8. All rights or remedies of the City of Kennedale Texas are expressly saved as to any and all violations of any ordinances governing zoning 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 9. 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 10. The City Secretary of the City of Kennedale is hereby directed to publish the caption, Section 1, the penalty clause, the publication clause, and the effective date clause of this ordinance in every issue of the official newspaper of the City of Kennedale for two days or one issue of the newspaper if the official newspaper is a weekly newspaper as authorized by Section 3.10 of the City of Kennedale Charter. SECTION 11. This ordinance shall be in full force and effect from and after its passage and publication as required by law and it is so ordained. PASSED AND APPROVED ON THIS 18th DAY OF JANUARY 2016. APPROVED: Brian Johnson, Mayor ATTEST: Leslie Galloway, City Secretary EFFECTIVE: APPROVED AS TO FORM AND LEGALITY: Wayne K. Olson, City Attorney Exhibit A METES & BOUNDS DESCRIPTION (EAST PART—OUTSIDE FLOODPLAIN) Being a tract of land situated in the D. Strickland Survey, Abstract No. 1376 in the City of Kennedale, Tarrant County, Texas, said tract of land being a portion of that certain "Tract 2" as described to Leon Swiney and wife, Ethel M. Swiney as recorded in Volume 11497, Page 1305 and 1309, Deed Records of Tarrant County, Texas (DRTCT), said tract of land also being a portion of Block 1, Swiney Estates Addition, an addition to the City of Kennedale as recorded in Volume 388-10, Page 93, Plat Records of Tarrant County, Texas (PRTCT), said tract of land being more particularly described by metes and bounds as follows: BEGINNING at a 5/8-inch iron rod found for the southwest corner of Lot 4-R, Block 1, Swiney Estates, an addition to the City of Kennedale as recorded in Cabinet B, Slide 2572, PRTCT; THENCE North 88 degrees 13 minutes 57 seconds East, a distance of 230.61 feet to an angle point in the south line of said Lot 4-R; THENCE South 08 degrees 14 minutes 03 seconds East, a distance of 0.60 feet to an angle point in the south line of said Lot 4-R; THENCE North 88 degrees 19 minutes 51 seconds East, at a distance of 245.95 feet passing a 1/2-inch iron rod found for the southeast corner of said Lot 4-R and continuing a total distance of 265.96 feet to a 5/8-inch iron rod set with plastic cap stamped "Shield Engineering" on the westerly right-of-way line of Bowman Springs Road (a variable width right-of-way), said iron rod also being the northeast corner of Lot 6 in the aforementioned Block 1; THENCE South 00 degrees 33 minutes 12 seconds East, with the common easterly line of said Block 1 and said westerly right-of-way line, a distance of 307.31 feet to a 5/8-inch iron rod set with plastic cap stamped "Shield Engineering" at the northeast corner of "Parcel No. 2" as described to the City of Kennedale by instrument recorded in Instrument Number D211140987 DRTCT; THENCE South 89 degrees 26 minutes 53 seconds West, with the northerly line of said Parcel No. 2, a distance of 15.41 feet to a 5/8-inch iron rod found for the northwest corner of said Parcel No. 2; THENCE South 00 degrees 33 minutes 07 seconds East, with the westerly line of said Parcel No. 2, a distance of 18.19 feet to a 5/8-inch iron rod found for the point of curvature of a curve to the right in the westerly line of said Parcel No. 2; THENCE with the arc of said curve to the right, at a distance of 75.59 feet passing a 5/8- inch iron rod being the common southwest corner of"Parcel No. 2" and the northwest corner of"Parcel No. 3 Pt 1" as described to the City of Kennedale by instrument recorded in Instrument Number D211140987 DRTCT, and continuing in all a total arc distance of 517.74 feet, said curve to the right having a central angle of 31 033'27", a radius of 940.00 feet, and a chord bearing and distance of South 15 013'37" West, 511.22 feet to a 5/8-inch iron rod found stamped "Gorrondona &Assoc" for the southwest corner of"Parcel No. 3 Pt 1" at the intersection of westerly right-of-way line of Bowman Springs Road (a variable width right-of-way) and the northerly right-of-way line of Williamson Drive (a 50-foot right-of-way); THENCE South 56 degrees 16 minutes 14 seconds West, crossing the right-of-way of Williamson Drive, a distance of 76.43 feet to the intersection of said westerly right-of-way line of Bowman Springs Road (a variable width right-of-way) and the southerly right-of- way line of said Williamson Drive (a 50-foot right-of-way), said point being the point of curvature of a non-tangent curve to the right and also being the northernmost northwest corner of"Parcel No. 3 Pt 2" as described to the City of Kennedale by instrument recorded in Instrument Number D211140987 DRTCT; THENCE with the arc of said non-tangent curve to the right and said westerly right-of- way line and the northwesterly line of said "Parcel No. 3 Pt 2", a distance of 132.89 feet, said curve to the right having a central angle of 8 022'01", a radius of 910.00 feet, and a chord bearing and distance of South 39 032'44" West, 132.77 feet to a 5/8-inch iron rod set with plastic cap stamped "Shield Engineering"; THENCE North 30 degrees 02 minutes 09 seconds West, departing said right-of-way line and along the general vicinity of contour elevation 570, a distance of 297.12 feet to a 5/8-inch iron rod set with plastic cap stamped "Shield Engineering" for an angle point in the westerly line of the tract described herein; THENCE North 02 degrees 22 minutes 03 seconds West, continuing along the general vicinity of contour elevation 570, a distance of 494.52 feet to a 5/8-inch iron rod set with plastic cap stamped "Shield Engineering" for an angle point in the westerly line of the tract described herein; THENCE North 09 degrees 21 minutes 19 seconds West, continuing along the general vicinity of contour elevation 570, a distance of 200.79 feet to the POINT OF BEGINNING and CONTAINING 357,724 square feet or 8.212 acres of land area, more or less. F i I cj u G Upodt qu UTho u J J a m U) g ° X Z? M ¢ �Z ~ WD ~~ Q ag Q,n �m o p} �M E - - z W >>M Lu ZcYi v_ ^rte L OQ >Q ° O ' M M oFO o� � nu LLm Uw ao o LL FJ NQ Z O Lo o N J d) f O z uj 811 1 1 - - ° o o a ■ I ❑ w lo lo w a a o o I o< F> O gz ti m w OC7 ww x00 sN O o7. j X x oc ttN a0= Ow w w 3 ❑r O N U N a oo m O I a t� asA I � N x I o¢ I � w ,ae z�a am I x mm a o� m i o � a i o� az y / pw wa t9 i O 00 o a O a Ow /I a LL KENNEDALE You're Here,Your Home www.cityofkennedale.com Staff Report to the Honorable Mayor and City Council Date: January 18, 2016 Agenda Item No: DECISION ITEMS- B. I. Subject: CASE# PZ 15-16 Public hearing and consideration of approval of Ordinance 588 regarding a city- initiated rezoning from "C-2" General Commercial District to "AG"Agricultural District on a 29.43 acre lot located at 3925 Kennedale New Hope Rd., legal description of Joel Snider Survey A1448 Tr 1 A. 1. Staff presentation 2. Public hearing 3. Staff response and summary 4. Action by the City Council II. Originated by: Rachel Roberts, City Planner III. Summary: Request: Rezone from "C-2"to "AG" Applicant: city-initiated Location: Kennedale New Hope Rd near the city limits at Hudson Village Creek Rd Surrounding land uses: primarily single family residential and vacant acreage; also commercial and industrial (see attached map with state use codes) Future Land Use Plan classification: primarily Neighborhood, some Neighborhood Corridor on periphery at Kennedale New Hope Rd Staff recommendation: approve Planning &Zoning Commission recommendation: approve Background and overview. This property is the site of the closed Cowtown Speedway. The race track closed in November 2012 after failing an inspection by Oncor, which was prompted by Oncor's changing the electrical meters onsite. Repairs sufficient to meet codes and pass inspections were required but were not made, and the track was therefore not allowed to reopen. It has been closed since that time. In addition, there were some issues with silt run-off from the site identified through a city inspection in October 2012. The run-off issue did not prompt the closing of the track, but please note that these issues would have had to be resolved before the track could have reopened if the necessary electrical improvements had been made. In addition, TCEQ staff also visited the site, and concerns reported by TCEQ (if any)would also have to be resolved. Since the track's closing, city staff have discussed the possibility of rezoning the property with the property owner and her family, and the family has explored the possibility of requesting a rezoning to the "AG" agricultural zoning district. Staff indicated in those discussions that staff would support a rezoning to AG, but the property owners have not chosen to pursue that option. In its November regular meeting, City Council directed staff to initiate rezoning of this property from 'its current zoning to "AG"Agricultural. Staff presented the case to the Planning &Zoning Commission meeting in December. After holding a public hearing, the Commission voted to recommend approval. 405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817-985-2100 1 Fax: 817-478-7169 Public input. One adjoining property owner, Nina Pyles, addressed the Commission in favor of the zoning change. No one spoke against the rezoning. Analysis. Compliance with the comprehensive land use plan. The Future Land Use Plan classifies the bulk of this property as Neighborhood,with the frontage along Kennedale New Hope Rd as Neighborhood Corridor. Descriptions of the Neighborhood and Neighborhood Corridor character districts are attached to this report. Neighborhood Neighborhoods are intended to be primarily residential;sample development types include single family residential,single family attached residential,and cluster development.The AG zoning district is considered a large-lot single family residential zoning district under Kennedale's schedule of uses(Sec. 17-421).Although none of the city's single family zoning districts exactly fit the comprehensive land use plan, until the code update is completed later this year,the city must work within the zoning districts available. Under that condition,the AG zoning district fits the Neighborhood classification under the comprehensive land use plan. Neighborhood Corridor It is not expected that all of the areas identified as"Neighborhood Corridor"in the Future Land Use Plan will develop into commercial uses,as the city could not support that much commercial development. Rather,these areas indicate where commercial develop should be targeted, if commercial uses were to be developed to support surrounding residential uses. As most of this property is under the Neighborhood character district,rezoning in compliance with that character is the most suitable approach.Thus,zoning this property as a residential use is in compliance with the comprehensive land use plan. Compliance with the Strategic Plan. The Strategic Plan describes this area as being difficult for commercial and industrial uses due to limited access (access on New Hope Rd is not ideal for commercial or industrial development). The plan therefore recommends that the future land use plan consider this area for residential development. Compliance with City Council priorities. Rezoning to agricultural zoning does not address City Council priorities, except that it does allow for residential development, which would bring more residents to support local businesses (enhances the business climate). Additional Factors to Consider. When considering rezoning requests,the City may also consider the appropriateness of current zoning and whether a rezoning would have an adverse impact on surrounding properties.The current zoning,"C-2",is not suitable for this area. Due to poor roadway access and lack of conformity to the future land use plan,commercial zoning is not appropriate. Rezoning to AG or residential use should not have an adverse impact on surrounding properties, many of which are either in residential or vacant/acreage use. Staff Recommendation. Commercial zoning is not in compliance with the comprehensive land use plan. Residential("AG")zoning is in compliance with the comprehensive plan and would not have an adverse impact on surrounding properties. Staff recommends approval. Planning &Zoning Commission Recommendation. The Planning&Zoning commission considered this ordinance during its meeting in December.After holding a public hearing,The Commission voted to recommend approval. Action by the City Council. The Council may approve,deny,or deny without prejudice the request for rezoning.You may also postpone the case; if you postpone consideration,you must state when the case will be considered again. IV. Fiscal Impact Summary: V. Legal Impact: VI. Recommendation: Approve VII.Alternative Actions: VIII.Attachments: 1. PZ 15-16 map of site with aerial view PZ 15-16 map of site reduced size . df 2. PZ 15-16 map showing surrounding PZ 15-16 surrounding land uses.pdf land uses 3. Future Land Use Plan PZ 15-16 FLUP excer t. df 4. Neighborhood description Neighborhood Character District (excerpt from comprehensive Ian). df Neighborhood Corridor description Urban & Neighborhood Corridor character districts. df PZ 15-16 zoning map PZ 15-16 zoning map.pdf Ordinance 588 PZ 15-16 ordinance & exhibit CC co df s +ice slue—i—E){o pounoj sexel leiluej q oN woa}.Ue5e=imee g e�ep peon oLL +r ® ILL O ONE NONE 0 i l J}�,� .,� -- WJ ,V•• u _ N F O O .4-1 cn . 4 0 M1- �1Fs �• � *-r N L N — ® N =*� m Lo Lo N N O ` Q N N a> •� ® re°OW (L (L Y `� r /n i sjuaww—E){o Iiounoj sexal lequej gpoN woy.Ue5ewi imae g eaep peon N uel�Wwoa}eaep depunog dewed Qa a Q Q LL LL L.L UUU ULLU U � LL ♦V Q co co LL LL LL LL LL U-U- LL IQ N N N N Q N UU(� U UU U U U LL LL LL LL w LL UU LL N LL OOLL U U LL U o LL LL N LL N U U N N U N U N LL U _ U LL N NU _ O rLL M LL N N Q mm QQ QN QQ NU U LO col LL Q U N Q UQ Q Q LL NQ N N N N N� N N LL U LL Q Q a a s << Q Q Q. LL LL Q Q O Q Q Q Q QUQQU � U LL LL n � � o U y ii i i Q J+ U U U Q u UI U LL _ U � Q a N N N Q i Q U Q LL � U N U Y I U ` co co co co � N y_ U Ec<, c<,:� Q1 (6 Q a 0 Q U N L N aUaQa Q N 0 N a> �� aQ N E LL LL as PO a STATE USE CODES A RESIDENTIAL F COMMERCIAL/INDUSTRIAL Al Single-Family F1 Commercial A2 Mobile Homes F2 Industrial A3 Condominiums F3 Billboards A4 Townhomes A5 Planned Unit Development (PUD) G OIL/GAS/MINERAL RESERVES A9 Interim use IG11 Oil/Gas/Mineral Reserves B RESIDENTIAL J UTILITIES B1 Multi-Family J1 Water Systems B2 Duplex J2 Gas Companies B3 Triplex J3 Electric Companies B4 Quadraplex J4 Telephone Companies J5 Railroads C VACANT PLATTED LOTS/TRACTS J6 Pipelines C1 Residential J7 Cable Companies C2 Commercial J8 Other C3 Rural C6 Vacant Exempt (Right-of-Way) L COMMERCIAL/INDUSTRIAL L1 Commercial BPP D ACREAGE L2 Industrial BPP D1 Ranch Land D2 Timberland M MOBILE HOMES D3 Farmland M2 Private Aircraft D4 Undeveloped M3 Mobile Home M4 Other Tangible PP E FARM/RANCH E1 House + Limited Acres O RESIDENTIAL INVENTORY E2 Mobile Home + Limited Acres 01 Vacant E3 Other Improvements 02 Improved Standard Distribution Data, 2013 Appendix C �\ _ ¥© ƒf AP, ƒ \ f # `- - �� ! IT 2 x . . . �. . .. . � «- � 0 ` Excerpt from FLU P: site Of P/ 15-16 C ZO nin Q request y 4lift � � . LL Lon C N� 4 a o LL Q2o zZ `� _ J o N A w � cs - I - m W� RS L o� " RS n� ��' O 2N rw> to L� L c � � ) 18. F- v OEM MEN O m � = Z � .v o } z z v v, Q ■■■ t � W G N 4 �p U p, r t i F G I Pi .v klnloo � FF i KENNEDALE COMPREHENSIVE PLAN Neighborhood Village i� These villages serve the surrounding neighborhood and community. They are smaller and less intense than Urban Villages. Uses should include a dense mix of residences and businesses. Neighborhood Villages should be very easily accessible by foot from the surrounding neighborhoods. Intensity of each Neighborhood Village will vary based on the surrounding context. Sample Development Types: • Town home/Rowhouse • Restaurant • Context-sensitive small-scale • Cafe/coffee shop multifamily • Community theater Hirp'Ert Massy lm, s • Neighborhood-serving retail w :k and services Neighborhoods This district is primarily residential in nature. Neighborhoods should have -� defined boundaries, a clear center, and be easily accessible to day-to-day goods and services, such as those provided at Neighborhood Villages. The center of a neighborhood should be a civic, public, or community use in which people can come together—such as a park, school, or neighborhood amenity center. Sample Development Types: • Single family • Context-sensitive small-scale TheKlboda-r� Tel • Attached single-family multifamily • Town home/Rowhouse • Clearly marked centers that include public gathering • Accessory dwelling unit space, school, small park, or • Cluster development other civic use Conservation Overlay This area is intended to preserve the rural and cultural landscape of Kennedale and serve as a buffer between adjacent communities. This will provide a greenbelt gateway into Kennedale and help the city retain a geographic identity distinct from surrounding areas. Sample Development Types: Mang nBryFam}Alle7, Teas • Conservation subdivision • Agriculture • Open space preservation 5-8 CHAPTER 5-FUTURE LAND USE PLAN KENNEDALE COMPREHENSIVE PLAN Corridors The goal for corridor districts is to emphasize the direct relationship between the built environment and the roadway corridor and to shape that environment in a comprehensive way. This is achieved by creating a development pattern along roadways that emphasizes a continuous edge along the street that is walkable — and that enriches the character and image of the roadway. Architectural standards and frontage regulations will help pull buildings closer to the street NINE 3 and create a character along the corridor that makes it attractive by car as well as by foot. M WW s m � =- Urban Corridor SxpsatL�g%Fri is The areas along Kennedale Parkway fall within the urban corridor district. This corridor typology assumes a higher intensity of activity in terms of traffic and commerce than other corridor types. Given the existing character and regional positioning of the corridor, it can be expected that it will remain auto-oriented, and development patterns will reflect that reality. Still, development patterns should encourage pedestrian safety and should make provisions as necessary for walking and biking along the corridor. Parkway and Multiway Parkway are the a typical roadway types for this corridor (see Chapter 6). Ft Sample Development Types: • Restaurant • Professional office -T • Retail ea.ida; Cda-acb • Service Neighborhood Corridor Neighborhood corridors assume a lower level of density and intensity than urban corridors, but still identify an area where residents can come together to shop, eat, socialize, and relax in a walkable environment; thereby experiencing increased quality of life. Boulevard and Avenue are the typical roadway types for these corridors (see Chapter 6). Sample Development Types: • Restaurant • Corner Store • Professional office • Cafe/coffee shop COO Hill, Kbs4ntrn,DC • Retail • Townhouse/Rowhouse • Service • Context-sensitive small-scale multifamily 5-6 CHAPTER 5—FUTURE LAND USE PLAN i 1, 1 , 1 i _ 11 Bill, oil IIIn \ ME •� AEI ��� 111 ����ii—' fi� INIIINNIi I� =II�.� .�i 1 — — Ilhmmnl , MEN o.xo - ��E 1 �Ix1111Y I. .. N■ �sl— IIIIIIr1xl HIM IN AI�� -Ig Idi 1 � � �I� .� ■�� WeeeWWr1 `\ 1.INNMIN n1Yn11YY411WD :x�INxnl, V!!' 1111111x111■ .IIIIx11.11. - 11 IINWxYY"1 } \\ ��` �.\�\\'�`�]+jl I -11 rr1;1x1 ,��o �� ''''■■a\�� NIA 111 SlY� � l_V 11 iL a y �I ,Na ..g 1- ! as e\ xla�• 1.11 nlxm ORDINANCE NO . 588 AN ORDINANCE AMENDING ORDINANCE NO. 40, AS AMENDED; REZONING CERTAIN PROPERTY WITHIN THE CITY LIMITS OF THE CITY OF KENNEDALE FROM "C-2" GENERAL COMMERCIAL ZONING DISTRICT TO "AG" AGRICULTURAL ZONING DISTRICT; PROVIDING FOR THE AMENDMENT OF THE OFFICIAL ZONING MAP TO REFLECT SUCH CHANGES; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; 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 municipality acting under its charter adopted by the electorate pursuant to Article XI, of the Texas Constitution and Chapter 9 of the Local Government Code; and 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, the City of Kennedale adopted a comprehensive land use plan that designates certain parts of the city as Neighborhood character district, and these areas are intended to be primarily residential in nature; and WHEREAS, the property described below is within an area designated as Neighborhood in the Future Land Use Plan in the comprehensive land use plan; and WHEREAS, the City Council has determined that a residential zoning district is the most appropriate zoning district to facilitate the development of the properties described below in accordance with the comprehensive land use plan; and WHEREAS, a public hearing was duly held by the Planning and Zoning Commission of the City of Kennedale on the 17 1 h day of December 2015 and by the City Council of the City of Kennedale on the 18th day of January 2016 with respect to the zoning changes 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 Council does hereby deem it advisable and in the public interest to amend the City's Zoning Ordinance as described herein. 9 NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KENNEDALE, TEXAS: SECTION 1: The Comprehensive Zoning Ordinance is hereby amended so that the zoning classification and the uses in the hereinafter described area shall be changed and or restricted as shown and described below: An approximately 29.43 acre tract in the Joel Snider Survey Survey A-1448 described in a Warrant Deed from Helen Jean Cash to Billy Joe Swiney et ux Johnie Ruth Swiney as recorded in Volume 8025, Page 1494, Deed Records, Tarrant County, Texas ("the Property"), as shown on Exhibit "A" attached hereto and incorporated herein, from "C-2" General Commercial Zoning District to "AG" Agricultural Zoning District. 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 and with a view of conserving the value of the buildings and encouraging the most appropriate use of land throughout the community. SECTION 4. The City Secretary is hereby directed to amend the official zoning map to reflect the changes in classifications approved herein. SECTION 5. The use of the properties 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 6. This Ordinance shall be cumulative of all provisions of ordinances and of the Code of Ordinances of the City of Kennedale, Texas (1991), as amended, including but not limited to all 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. 9 SECTION 7. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 8. All rights or remedies of the City of Kennedale Texas are expressly saved as to any and all violations of any ordinances governing zoning 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 9. 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 10. The City Secretary of the City of Kennedale is hereby directed to publish the caption, Section 1, the penalty clause, the publication clause, and the effective date clause of this ordinance in every issue of the official newspaper of the City of Kennedale for two days or one issue of the newspaper if the official newspaper is a weekly newspaper as authorized by Section 3.10 of the City of Kennedale Charter. SECTION 11. This ordinance shall be in full force and effect from and after its passage and publication as required by law and it is so ordained. PASSED AND APPROVED ON THIS 18th DAY OF JANUARY 2016. APPROVED: Mayor Brian Johnson ATTEST: City Secretary, Leslie Galloway EFFECTIVE: APPROVED AS TO FORM AND LEGALITY: City Attorney, Wayne K. Olson Is Exhibit A metes and bounds description and map; Prepared by the State Bar of Texas for use by Lawyers only.Reviewed 1-1-76. NOTEm To select the proper form, fill in blank spaces,strike out form provisions ur i insert special terms constitutes:he practice of lacy. Na `aandard form" can meet all requirements. WARRANTY DEED (LONG FORM) ATE F TEXAS KNOW ALL 'MEN BY THESE PRESENTS: CO F TAR NT That i, t LEN CASH (formerly HELEN JEAN LEACHMAN} of the County of rra and State of Texas for and in consideration of the sum N NO 00 ($10-00) -------------------------------- ----- - -- ---- - ---- -- --- - ---- , -- -------------------------- ---- --- ----- -------- --- DOLLARS r ' and other valuable considerad to rsig paid by the grantee herein named,the receipt of which is hereby acknowledged, and the nve c o by Warranty Deed of even date herewith the 'following described property si a n Hi 1 County, Texas All that certain tract o rcel an situated in Hill County, Texas, and being 3/4 of Lot 25 of th vi on Pbs.t he F-M. Weatherred League and Labor Survey, Patent N Vo act no. 931: BEGINNING 672 vrs S. 30 E. a 860 r 6 from the N.W. corner,of said Weatherred survey being c er of Lot No. 23; j x THENCE S. 30 E. 336 vrs to a s a in a West line of said lot No. 25,, j the N. W. corner of John Green' 20 cre tract; _THENCE N. 60 E. 336 vrs to the N. . corner of id G en tract; - - THENCE S. 30 E. 336 vrs to Green's S. -E. -co er'i S. ine of Lot 25; THENCE N. 60 E. 336 vrs to the S. E. cor of t 5; THENCE N. 30 W. 672 vrs to the S.E. c er o of o. ; THENCE S. 60 W. 672 vrs.to the beginni , nta' -ng acres of land, more or less. And being the same and identical propert descr' Deed from Lillian Lucille Mundy et a1 to B. J. Christian et d Augu 2, 1966 and recorded in Volume 468, page 240 of the Hill C nt d ecords SAVE AND EXCEPT, HOWEVER, all that certain tr t esc be in a Right-of-Way Deed in favor of the State of Texas from W_ A. Ro a ux, dated January ,13, 3956 and recorded in Volume 4Q1, page 595 oft dill ed Records. have GRANTED, SOLD AND CONVEYED,and by these presents do GRA T , S L D NVEY unto BILLY JOE SWINEY et ux JOHNIE RUTH SW E 545 Barbara, Burleson, Texas 76028 i of the County of Johnson and State of Te s 11 of - ilae following described real property in Tarrant C my ex. , to 'Al A tract of land out of the JOEL SNIDER SURVEY, Abstract No. 1448, in Tarrant County, Texas, described by metes and bounds as follows: BEGINNING at-an-iron-post,-said post-being-the follows,-Northeast corner af_s d Joel'Snider Survey; :THENCE South 000'04' East along the East line of said Snider Survey, 110 .2 feet to an iron pin for corner; THENCE North 890 10' West, 1237.64 feet to an iron pin 'for'corner in the Easterly line of County Road W2025; 3 N along the Easterly line of said County Road, North 250 23' East 54,36 f an iron pin, 306.15 feet along a curve to the left having a radius . f 691. 5 feet to an iron pin and North 763.63 feet to an iron pin for c r i the East line of County Road #2025.and.the North line of said i 5ni er Survey; EN C outh 890 01' East along the North line of said Snider Survey, 1146.40 fe a int of beginning-and containing 29.43 acres of land, more or less. i y i 1 stt 3 � Y S = _ i 0. � L. vw tj co co C*4 WW O S f I Q3 wr rN 6d m oD s.aN, 000 All ON 0 0 1 0 iu KENNEDALE You're Here,Your Home www.cityofkennedale.com Staff Report to the Honorable Mayor and City Council Date: January 18, 2016 Agenda Item No: DECISION ITEMS- C. I. Subject: Present recommended rate schedule and approve Water and Sewer Rates Ordinance 589 effective for bills paid in March. II. Originated by: III. Summary: Staff has met three times with the Water/Sewer Rate Committee and Carolyn Marshall has concluded our water/sewer rate study for 2016 rates. The committee is still reviewing the rates and the presentation will be sent out on Friday for review. IV. Fiscal Impact Summary: V. Legal Impact: VI. Recommendation: Approve VII.Alternative Actions: VIII.Attachments: 1. Ordinance 589- Water/Sewer Rates 0160118 Ordinance 589 to Approve Water Sewer Rates. d 405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817-985-2100 1 Fax: 817-478-7169 ORDINANCE NO. 589 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 Council 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 Sections 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, THAT: 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: METE BASE RATE BASE RATE BASE RATE MULTIPLE R SIZE RESIDENTIAL COMMERCIAL/ SENIOR/DISABLED RESIDENTIAL INDUSTRIAL UNITS ON SINGLE METER 3/" $34.50 $34.50 $34.50 $34.50/Per Unit 1" $86.25 $86.25 $86.25 $34.50/Per Unit $172.50 $172.50 $172.50 $34.50/Per Unit 2" $276.00 $276.00 $276.00 $34.50/Per Unit 3" $552.00 $552.00 $552.00 $34.50/Per Unit 4" $862.50 $862.50 $862.50 $34.50/Per Unit *For senior/disabled rate, a credit of $7.50 per month/billing cycle will apply towards the applicable meter size for water service. 2. Volume Charge: VOLUME RESIDENTIAL RATE COMMERCIAL/ SENIOR/DISABLED INDUSTRIAL RATE RATE First 5,000 Gallons $2.00 Per 1000 Gallons $2.85 Per 1000 Gallons $2.00 Per 1000 Gallons 5,001-20,000 Gallons $5.35 Per 1000 Gallons $5.30 Per 1000 Gallons $5.35 Per 1000 Gallons 20,001-50,000 Gallons $6.37 Per 1000 Gallons $6.94 Per 1000 Gallons $6.37 Per 1000 Gallons Over 50,000 Gallons $8.06 Per 1000 Gallons $6.94 Per 1000 Gallons* $8.06 Per 1000 Gallons *For commercial rate, 3RD and 4T" tier volume charge is the same. Note: 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: 1. Base Rate: METER BASE RATE BASE RATE BASE RATE MULTIPLE SIZE RESIDENTIAL COMMERCIAL/ SENIOR/DISABLED RESIDENTIAL UNITS INDUSTRIAL ON SINGLE METER 3/" $51.75 $51.75 $51.75 $51.75/Per Unit 1" $129.38 $129.38 $129.38 $51.75/Per Unit 1.5" $258.75 $258.75 $258.75 $51.75/Per Unit 2" $414.00 $414.00 $414.00 $51.75/Per Unit 3" $828.00 $828.00 $828.00 $51.75/Per Unit 4" $1,293.75 $1,293.75 $1,293.75 $51.75/Per Unit Note: Senior/disabled credit does not apply for service outside the city limits. 2. Volume Charge VOLUME RESIDENTIAL RATE COMMERCIAL/ SENIOR/DISABLED INDUSTRIAL RATE RATE First 5,000 Gallons $2.00 Per 1000 Gallons $2.85 Per 1000 Gallons $2.00 Per 1000 Gallons 5,001-20,000 Gallons $5.35 Per 1000 Gallons $5.30 Per 1000 Gallons $5.35 Per 1000 Gallons 20,001-50,000 Gallons $6.37 Per 1000 Gallons $6.94 Per 1000 Gallons $6.37 Per 1000 Gallons Over 50,000 Gallons $8.06 Per 1000 Gallons $6.94 Per 1000 Gallons* $8.06 Per 1000 Gallons *For commercial rate, 3RD and 4T" tier volume charge is the same. Note: 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 23-52 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: RESIDENTIAL COMMERCIAL INDUSTRIAL SENIOR/DISABLED RATE Min. Base Rate $45.00 $60.72 $60.72 $45.00* Volume $2.90/1000 Gallons $6.72/1000 Gallons $4.50/1000 Gallons $2.90/1000 Gallons *For senior/disabled rate, a credit of $7.50 per month/billing cycle will apply towards the applicable meter size for water service. B. For service outside the city limits: RESIDENTIAL COMMERCIAL/ SENIOR/DISABLED INDUSTRIAL RATE Minimum Base Rate $67.50 $60.72 N/A Volume $4.36 Per 1000 Gallons $10.08 Per 1000 Gallons N/A Note: Senior/disabled credit does not apply for service outside the city limits. SECTION 3. CREDIT Qualifying senior citizens and disabled individuals are eligible to receive a credit on the residential water rates and sewer charges as set forth in this ordinance. A. A qualifying senior citizen is defined as an individual 60 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 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; 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 credit 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 credit 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 credit 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 January 18, 2016. SECTION 6. CUMULATIVE CLAUSE This Ordinance shall be cumulative of all provisions of all existing ordinances and of the Kennedale City Code (1991), as amended, and shall not repeal any of the provisions of such ordinances except in those instances where provisions of such ordinances are in direct conflict with the provisions of this ordinance. SECTION 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. PUBLICATION CLAUSE The City Secretary of the City of Kennedale is hereby directed to publish in the official newspaper of the City of Kennedale the caption and effective date clause of this ordinance two (2) days as authorized by section 52.013 of the Local Government Code. SECTION 9. 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 AND APPROVED ON THIS DAY OF , 2016. CITY OF KENNEDALE: Mayor, Brian Johnson ATTEST: City Secretary, Leslie Galloway EFFECTIVE DATE: APPROVED AS TO FORM AND LEGALITY: City Attorney, Wayne Olson KENNEDALE You're Here,Your Home www.cityofkennedale.com Staff Report to the Honorable Mayor and City Council Date: January 18, 2016 Agenda Item No: EXECUTIVE SESSION -A. I. Subject: 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. 5401 High Ridge Road 2. 5400 and 5404 Kennedale Road II. Originated by: Bob Hart III. Summary: At this time the City Council will meet in Executive Session. IV. Fiscal Impact Summary: V. Legal Impact: VI. Recommendation: None VII.Alternative Actions: VIII.Attachments: 405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817-985-2100 1 Fax: 817-478-7169 KENNEDALE You're Here,Your Home www.cityofkennedale.com Staff Report to the Honorable Mayor and City Council Date: January 18, 2016 Agenda Item No: EXECUTIVE SESSION - B. I. Subject: The City Council may meet in closed session at any time during the work session or the regular 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 the following items: 1. Floodplain amortization and remediation 2. Land use amortization (6727 Hudson Village Cemetery Road) 3. Municipal setting designation (MSD) 4. Corp of Engineers Section 205 CAP land acquisition parameters 5. Eminent domain with environmental cleanup guidelines II. Originated by: III. Summary: IV. Fiscal Impact Summary: V. Legal Impact: VI. Recommendation: VII.Alternative Actions: VIII.Attachments: 405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817-985-2100 1 Fax: 817-478-7169