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2016_03.21 CC Packet KENNEDALE You're Here,Your Home www.cityofkennedale.com KENNEDALE CITY COUNCIL AGENDA REGULAR MEETING March 21, 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 meeting with the Library Advisory Board - Community Conversation led by Amanda King B. Review Progressive Landfill expansion application submittal C. Discussion of items on regular agenda 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 405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817-985-2100 1 Fax: 817-478-7169 C. Updates from the City Manager X. MONITORING INFORMATION A. Monthly Financials- February 2016 B. Executive Limitations C. Ends Review- Balanced Scorecard XI. INCIDENTAL ITEMS A. Tarrant County College facility review briefing B. Discuss and approve calendar for FY2016-2017 budget preparations XII. REQUIRED APPROVAL ITEMS (CONSENT) 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 minutes from February 15, 2016 meeting B. Consider approval of minutes from the March 4, 2016 special meeting C. Approval of city-developer agreement for Kennedale Seniors Addition D. Consider approval of an Interlocal Agreement with Tarrant County for assistance in the reconstruction of True Gunn Road/Caylebaite Street/Municipal Drive, and authorize the City Manager to execute the agreement E. Consider authorizing the City Manager to negotiate a contract for electric supply F. CASE# PZ 15-17 Consider approval of a final plat requested by Emanuel Glockzin for 332-370 S. New Hope Rd, more particularly described as an approximately 23-acre tract in the C. B. Teague Survey A 15-06 and Robert C. Richey Survey A-1358, Tarrant County, Texas, conveyed from C D Fincher Estate to Emanuel Glockzin as recorded in instrument number D215220118. A preliminary plat was approved in November 2015. XIII. DECISION ITEMS A. Update Future Transportation Plan in the Comprehensive Land Use Plan 1. Staff Presentation 2. Public Hearing 3. Staff Summary and Response 4. Action by the City Council B. Consider accepting the official certification of unopposed candidates for the 2016 general election. C. Consider approval of Ordinance 591 canceling the May 7, 2016 election and declaring unopposed candidates elected to office D. Consider approval of Ordinance 596 setting the speed limit on Kennedale Parkway to 40 miles per hour 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. 6727 Hudson Village Creek Road Park Land Acquisition 2. Link Street Extension Right-of-Way Acquisitive 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: ension Right-of-Way 1. Round-About Damage Claim 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 March 21, 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. Leslie Galloway, City ecretary KENNEDALE You're Here,Your Home www.cityofkennedale.com Staff Report to the Honorable Mayor and City Council Date: March 21, 2016 Agenda Item No: WORK SESSION -A. I. Subject: Joint meeting with the Library Advisory Board - Community Conversation led by Amanda King II. Originated by: III. Summary: Amanda King, our new Library Director, is conducting a series of community conversations to learn about resident's concerns or desires for the community as a whole. She will use this information to work with the Library Board in establishing a long-term plan for the library. The joint meeting with the Library Board is to allow Amanda to conduct a "community conversation"with you as a Council and the Board. This will be your first joint meeting with the Library Board. I have allotted 1 hour for the conversation. 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: March 21, 2016 Agenda Item No: WORK SESSION - B. I. Subject: Review Progressive Landfill expansion application submittal II. Originated by: III. Summary: Progressive Waste operates the construction and debris landfill located on Dick Price Road. They have submitted an application with TCEQ to increase the height of the landfill. Gary Bartels, District Manager of Progressive Landfills, will be present to discuss this application with you and answer any questions you may have. I anticipate him to be accompanied by Norm Bulaich, Joe Vieceli, and/or March Groff. A copy of the TCEQ notice is attached. IV. Fiscal Impact Summary: V. Legal Impact: VI. Recommendation: VII.Alternative Actions: VIII.Attachments: 1. TCEQ Notice- Issued March 8, 2016 JTCEQ Notice. df 405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817-985-2100 1 Fax: 817-478-7169 Texas Commission on Environmental Quality Notice of Application and Preliminary Decision for Municipal Solid Waste Permit Amendment Proposed Permit No. 1983C APPLICATION AND PRELIMINARY DECISION. IESI TX Landfill LP, 23o1 Eagle Parkway, Ste. Zoo, Fort Worth,Texas 76177,the owner and operator of the IESI Fort Worth C&D Landfill,has applied to the Texas Commission on Environmental Quality(TCEQ)for a major amendment to its municipal solid waste permit for the referenced Type IV landfill which accepts brush, construction and demolition waste, and rubbish. The major amendment requests authorization for a vertical expansion to increase the maximum permitted elevation of the landfill and increase the volumetric disposal capacity of the landfill. The application also includes updates and revisions to the landfill's site development,waste acceptance and site operating plans and other supporting permit documents. The landfill is located at 4144 Dick Price Road, Fort Worth,Texas 76140 in Tarrant County,Texas.The TCEQ received this application on March 4, 2015.The following link to an electronic map of the site or facility's general location is provided as a public courtesy and is not part of the application or notice: http://www.tceq.texas.gov/assets/public/hb610/index.html?lat=32.63&Ing= , 97.2�67&zoom=1�&tvpe=r. For an exact location,refer to the application. The TCEQ Executive Director has completed the technical review of the application and prepared a draft permit.The draft permit, if approved,would establish the conditions under which the facility must operate.The Executive Director has made a preliminary decision that this permit,if issued, meets all statutory and regulatory requirements.The permit application, Executive Director's preliminary decision, and draft permit are available for viewing and copying at the Kennedale Public Library, 316 W 3rd Street, Kennedale,Texas 76o6o.The permit application may be viewed online at http://pri.geosyntec.com/TXPermits/IESIFtWC DLandfill.aspx. PUBLIC COMMENT/PUBLIC MEETING.You may submit public comments or request a public meeting about this application.The purpose of a public meeting is to provide the opportunity to submit comments or to ask questions about the application.TCEQ holds a public meeting if the Executive Director determines that there is a significant degree of public interest in the application or if requested by a local legislator.A public meeting is not a contested case hearing. OPPORTUNITY FORA CONTESTED CASE HEARING.After the deadline for submitting public comments,the Executive Director will consider all timely comments and prepare a response to all relevant and material, or significant public comments. Unless the application is directly referred for a contested case hearing,the response to comments and the Executive Director's decision on the application will be mailed to everyone who submitted public comments and to those persons who are on the mailing list for this application. If comments are received,the mailing will also provide instructions for requesting a contested case hearing or reconsideration of the Executive Director's decision.A person who may be affected by the proposed facility is entitled to request a contested case hearing from the commission.A contested case hearing is a legal proceeding similar to a civil trial in a state district court. TO REQUEST A CONTESTED CASE HEARING,YOU MUST INCLUDE THE FOLLOWING ITEMS IN YOUR REQUEST: your name, address, phone; applicant's name and permit number; the location and distance of your property/activities relative to the facility; a specific description of how you would be adversely affected by the facility in a way not common to the general public; and the statement "[I/we] request a contested case hearing." If the request for contested case hearing is filed on behalf of a group or association, the request must designate the group's representative for receiving future correspondence; identify an individual member of the group who would be adversely affected by the facility or activity; provide the information discussed above regarding the affected member's location and distance from the facility or activity; explain how and why the member would be affected; and explain how the interests the group seeks to protect are relevant to the group's purpose. Following the close of all applicable comment and request periods,the Executive Director will forward the application and any requests for reconsideration or for a contested case hearing to the TCEQ Commissioners for their consideration at a scheduled Commission meeting. The Commission will only grant a contested case hearing on disputed issues of fact that are relevant and material to the Commission's decision on the application. Further, the Commission will only grant a hearing on issues that were raised in timely filed comments that were not subsequently withdrawn. EXECUTIVE DIRECTOR ACTION. The Executive Director may issue final approval of the application unless a timely contested case hearing request or request for reconsideration is filed. If a timely hearing request or request for reconsideration is filed, the Executive Director will not.issue.finial approval of the permit and will forward the application and request to the TCEQ Commissioners for their consideration at a scheduled Commission meeting. MAILING LIST. If you submit public comments, a request for a contested case hearing or a reconsideration of the Executive Director's decision, you will be added to the mailing list for this application to receive future public notices mailed by the Office of the Chief Clerk. In addition,you may request to be placed on: (1) the permanent mailing list for a specific applicant name and permit number; and/or(2)the mailing list for a specific county.To be placed on the permanent and/or the county mailing list, clearly specify which list(s) and send your request to TCEQ Office of the Chief Clerk at the address below. AGENCY CONTACTS AND INFORMATION.All public comments and requests must be submitted within 3o days from the date of newspaper publication of this notice either electronically at www.tceq.texas.gov/about/comments.html or in writing to the Texas Commission on Environmental Quality, Office of the Chief Clerk, MC-105, P.O. Box 13o 87,Austin, Texas 78711-3o87. If you choose to communicate with the TCEQ electronically, please be aware that your email address,like your physical mailing address, will become part of the agency's public record. For more information about this permit application or the permitting process, please call the TCEQ's Public Education Program,Toll Free, at 800-687-4040. Si desea informaci6n en Espanol, puede llamar al 800-687-4040. Further information may also be obtained from IESI TX Landfill LP at the address stated above or by calling Mr. Joe Vieceli at(817) 632-4228. Issuance Date: March o8, 2o16 KENNEDALE You're Here,Your Home www.cityofkennedale.com Staff Report to the Honorable Mayor and City Council Date: March 21, 2016 Agenda Item No: WORK SESSION - C. I. Subject: Discussion of items on regular agenda II. Originated by: III. Summary: Discussion of items on regular agenda. 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: March 21, 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: March 21, 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: March 21, 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: March 21, 2016 Agenda Item No: MONITORING INFORMATION -A. I. Subject: Monthly Financials- February 2016 II. Originated by: III. Summary: Overview of the City's revenues/expenditures for all funds compared to budget and previous year. IV. Fiscal Impact Summary: V. Legal Impact: VI. Recommendation: VII.Alternative Actions: VIII.Attachments: 1. Februa Financials 102 2016 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 SERVICES FEBRUARY MONTHLY FINANCIALS CU RRENT EXPEN DI TU RES LJ NE ITEVI BIJ DGEf OVERAGES FOR THECITY CURRENT ACOOUNTNUMEER ACODUNTNAME BUDGET BALANCE OVERAGE 10-5409-01-02 WASTEWATERSYSFEM MAINTENANCE 120,000 205,024 85,024 01-5109-10-00 PART II M E!TEM PORARY 10,000 33,093 23,093 10-5450-01-02 PUMP/MOTORMAINTB\IANCE 28,000 43,985 15,985 17-5580-12-02 ENGINEERING 6,000 17,374 11,374 01-5107-10-00 OVEFnME 80,000 89,748 9,748 15-5615-01-00 FUNCTIONAL GRANT - 9,559 9,559 01-5570-07-01 3:1ECIAL93WICES 55,525 60,495 4,970 17-5570-12-02 3:1ECIAL33WICES 7,800 11,225 3,425 01-5540-90-00 I NSURANCE AUTO 19,208 21,109 1,901 01-5570-01-00 3°E0AL 33:;M CES 8,500 10,277 1,777 10-5861-90-00 MOTORVEHICLES 55,000 56,692 1,692 07-5510-01-00 ASEOOAIION DUESPUBUCAIIONS 5,073 6,592 1,519 12-5430-02-00 M OTOR VEHI CLE M AI NTB\IANCE - 550 550 17-5260-12-02 GENERAL OFFI CE BJPPU ES 375 843 468 01-5578-17-00 TRAVEL 365 684 319 01-5525-17-00 TRAI NI NG/SEM I NABS - 265 265 01-5240-03-00 PRI NT®SUPPU ES 200 459 259 18-5107-01-00 OVERTI M E - 233 233 01-5578-07-01 TRAVEL 1,612 1,798 186 10-5525-01-01 TRAI NI NGY 9 M I NARS - 178 178 01-5525-02-00 TRAI NI NG/S'EM I NABS 1,000 1,150 150 17-5240-12-02 PRI NT®SUPPU ES 75 161 86 17-5230-12-02 CLEANINGSUPPUES 425 481 56 01-5260-17-00 GENERAL OFFI CE SUPPU ES 300 352 52 CU RRENT REVENU ES LJ N E ITBN BU DGEf OVERAGES FOR THE CITY CURRENT ACOOUNTNUMEER ACOOUNT NAM E BUDGET BALANCE OVERAGE 01-4190-00-00 OTHER PERMITS FEES 17,700 81,595 63,895 01-4195-00-00 ANIMAL IM FOUNDING FEES 1,000 1,616 616 01-4507-00-00 COUNTY CONTRIBUTIONSAMBULANCE 10,000 14,382 4,382 1 NTBFEST RATER I NCF;EASE:).25%AND COULD DROP BACK DOWN BUT HAS I NCRFASE:)ON I NVESTM ENT EARNI NGS FORTHEII M E BB NG "EXEMPLIFYING EXCELLENCE" CITY OF KENNEDALE,TEXAS ANNUAL PROGRAM OF SERVICES FEBRUARY MONTHLY FINANCIALS FY14-15 FY14-15 FY15-16 CURRENT FYI 4-15 CY-PY V.OF BUDGET BUDGET REVENUES YTD ACTUAL ADOPTED MONTH YTD CHANGE USED REMAINING GENERAL FUND 3,658,626 5,897,213 6,091,420 806,052 4,013,146 436,952 65.9% 2,078,273 OTHER GENERAL FUNDS 437,516 1,437,430 1,263,636 159,006 362,820 28,617 28.7% 900,816 GENERAL FUND 4,096,142 7,334,643 7,355,056 965,058 4,375,966 465,568 59.57. 2,979,089 GENERAL DEBT SERVICE FUND 1,075,972 1,340,773 1,403,111 186,465 1,086,333 43,928 77.47. 316,778 WATER/SEWER FUND 1,122,535 3,460,517 5,672,328 228,295 1,240,131 2,185,873 21.9% 4,432,197 STORMWATER UTILITY FUND 75,591 200,108 247,825 22,001 94,566 (17,700) 38.2% 153,259 WATER IMPACT FUND 68,696 172,370 116,040 11,770 41,192 30 35.5% 74,848 SEWER IMPACT FUND 12,275 44,619 6,682 3,576 11,201 (1) 167.6% (4,519) WATER/SEWER FUND 1,279,097 3,877,614 6,042,875 265,641 1,387,089 2,168,203 23.07. 4,655,786 EDC413 FUNDS 188,313 650,469 912,036 57,652 175,806 10,331 19.3% 736,230 CAPITAL FUNDS 102,282 827,125 1,141,107 23,803 186,973 (107,523) 16.47. 954,134 SPECIAL REVENUE FUNDS (4,871) 42,861 126,801 39,625 53,580 125,000 42.37. 73,221 TOTAL REVENUES $6,736,934 $ 14,073,485 $ 16,980,986 $ 1,538,244 $ 7,265,747 $ 2,705,508 42.87. 9,715,238 FY14-15 FY14-15 FY15-16 CURRENT FYI 4-15 CY-PY %OF BUDGET BUDGET EXPENDITURES YTD ACTUAL ADOPTED MONTH YTD CHANGE USED REMAINING GENERAL FUND 2,210,852 5,664,808 6,198,118 460,052 2,358,577 372,294 38.1% 3,839,541 OTHER GENERAL FUNDS 470,322 1,127,260 1,322,814 125,184 479,597 24,818 36.3% 843,217 GENERAL FUND 2,681,174 6,792,068 7,520,932 585,236 2,838,174 397,112 38.17. 4,682,758 GENERAL DEBT SERVICE FUND 972,900 1,338,313 1,363,867 713,152 1,008,686 20,759 74.07. 355,181 WATER/SEWER FUND 1,686,113 4,063,998 6,093,227 708,427 1,861,366 1,032,548 30.5% 4,231,861 STORMWATER UTILITY FUND 69,153 111,696 264,273 6,453 29,550 (307,954) 11.2% 234,723 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 1,755,265 4,373,006 6,528,700 714,880 1,890,915 698,482 29.07. 4,637,785 EDC413 FUNDS 183,568 678,653 711,842 18,938 159,398 (24,127) 22.47. 552,445 CAPITAL FUNDS 74,508 795,765 1,283,626 94,304 304,677 (53,843) 23.7% 978,949 SPECIAL REVENUE FUNDS - 48,852 126,800 - 17,973 (55,000) 14.2% 108,827 TOTAL EXPENDITURES $5,667,415 $ 14,026,657 $ 17,535,767 $ 2,126,509 $6,219,822 $ 983,384 35.5% 11,315,945 "EXEMPLIFYING EXCELLENCE" CITY OF KENNEDALE,TEXAS ANNUAL PROGRAM OF SERVICES FEBRUARY MONTHLY FINANCIALS 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 96,823 275,131 293,578 27,985 116,033 11,658 39.5% 177,545 MAYOR/CITY COUNCIL 23,607 77,128 88,576 7,530 27,046 (5,530) 30.5% 61,530 CITYSECRETARY 41,172 124,118 135,923 6,662 42,228 (12,421) 31.1% 93,695 MUNICIPAL COURT 48,248 129,204 157,745 3,140 31,573 18,928 20.0% 126,172 HUMAN RESOURCES 43,481 112,356 124,565 9,219 46,227 6,723 37.1% 78,338 FINANCE 138,878 349,477 323,931 72,940 172,120 (96,469) 53.1% 151,811 POLICE 780,043 2,009,458 2,245,833 136,229 838,180 193,639 37.3% 1,407,653 FIRE 630,691 1,627,526 1,728,014 124,546 646,234 79,246 37.4% 1,081,780 COMMUNITY DEVELOPMENT 115,513 347,889 439,480 30,638 137,441 57,053 31.3% 302,039 SENIOR CITIZEN CENTER 15,256 50,569 54,077 2,627 18,279 (32) 33.8% 35,798 LIBRARY 85,183 217,519 239,080 19,211 98,964 9,990 41.4% 140,115 NONDEPARTMENTAL 191,958 344,434 367,317 19,325 184,252 109,510 50.2% 183,065 TOTAL EXPENDITURES $2,210,852 $5,664,808 $6,198,118 $ 460,052 $2,358,577 $ 372,294 442.7% $3,839,541 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 323,671 1,326,837 1,360,981 260,632 407,705 14,824 30.0% 953,276 WATER OPERATIONS 613,621 1,122,780 3,156,143 72,463 646,159 1,374,731 20.5% 2,509,984 DEBT 443,926 186,691 505,472 297,275 450,087 1,372 89.0% 55,385 NONDEPARTMENTAL 304,895 1,427,690 1,070,631 78,057 357,415 (358,379) 33.4% 713,216 TOTAL EXPENDITURES $1,686,113 $4,063,998 $6,093,227 $ 708,427 $1,861,366 $1,032,548 30.5% $4,231,861 FY14-15 FY14-15 FY15-16 CURRENT FY15-16 CY-PY T.OF BUDGET BUDGET STREET IMPROVEMENT FUND YTD ACTUAL ADOPTED MONTH YTD CHANGE USED REMAINING STREETS 230,260 704,161 1,042,537 108,175 352,406 213,861 33.8% 690,131 PARKS MAINTENANCE 41,966 118,624 84,000 7,134 45,748 7,000 54.5% 38,252 TOTAL EXPENDITURES $ 272,226 $ 822,784 $1,126,537 $ 115,309 $ 398,154 $ 220,861 35.37. $ 728,383 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 62,005 241,795 176,466 14,502 60,521 (85,995) 34.3% 115,945 DEBT SERVICE 96,632 323,315 319,893 - 89,623 (3,475) 28.0% 230,270 TOWN SHOPPING CENTER 24,931 51,447 50,484 5,418 18,813 - 37.3% 31,671 TOWN CENTER REDEVELOPMENT - - 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% $ 517,886 "EXEMPLIFYING EXCELLENCE" KENNEDALE You're Here,Your Home www.cityofkennedale.com Staff Report to the Honorable Mayor and City Council Date: March 21, 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 03.2016.docx 405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817-985-2100 1 Fax: 817-478-7169 POLICY 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 in compliance with the global constraint policy. POLICY TYPE: EXECUTIVE LIMITATIONS POLICY TITLE: TREATMENT OF CUSTOMERS 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 intrusive. The City Manager will not: 1. Elicit information for which there is no clear necessity. 2. Use methods of collecting, reviewing, transmitting, or storing customer information that fail to protect against improper access to the material 3. Operate facilities without appropriate accessibility and privacy. 4. Operate without establishing with customers a clear understanding of what may be expected and what may not be expected from the service offered. 5. Operate without informing customers of this policy or providing a way to be heard for persons who believe that they have not been accorded a reasonable interpretation of their rights under this policy. Cyber security issues are a major concern in compliance with point 2. The city backs up files on a daily basis to avoid more common hacking attempts. Limitations have been placed on what websites can be accessed. Both the city manager and IT analyst are members of InfraGard to better understand the risks involved. POLICY TYPE: EXECUTIVE LIMITATIONS POLICY TITLE: TREATMENT 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 City Manager will 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. Retaliate against any staff member for non-disruptive expression of dissent. 3. Allow staff to be unaware of City Manager's interpretations of their protections under this policy. 4. Allow staff to be unprepared to deal with emergency situations. The city maintains current personnel policy and orientation booklet. City operations are in compliance with the treatment of staff policy. Supervisory and manager staff began supervisory and leadership training on February 10. The training is through ICMA. Staff was heavily involved in the preparation of an asset management plan. POLICY TYPE: EXECUTIVE LIMITATIONS POLICYTITLE: EMERGENCY CITY MANAGER SUCCESSION 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 issues and procedures to be able to maintain organization services. Kelly Cooper is the most informed of staff members. Rachel Roberts is vorking closely with me on Village Creek andthe salvage yards. The department heads collectively are aware of on-going activities and projects, and I have been more attentive to this in staff meetings. Jack Thompson(EDC& Chamber)is familiar with the business development activities. KENNEDALE You're Here,Your Home www.cityofkennedale.com Staff Report to the Honorable Mayor and City Council Date: March 21, 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 r-Kennedale oriented, prosperous, 13-1 1 I� conveniently opportunities to live,work and play Februa ry 2016 KENNEDALE You're Here,YOUr Home S1 Achieve a Thriving Community ------ S2 S2 Be a Sustainable S3 Be Family &Attractive City Oriented I1 Provide Excellent ----- Services I2 Enhance I3 Expect Operational I4 Ensure Public I5 Enhance Business Climate Excellence Health & Safety Partnerships L AL i� E uild Exceptional E2 Foster Pride in E3 Leverage nt Ownership Technology � 1 I- F1 Balance the F2 Expect Fiscal F3 Leverage Tax Base Responsibility Resources 03FEVALUES: INTEGRITY ACCOUNTABILITY TEAMWORK INNOVATION COMMITMENT KENNEDALE You're Here,Your Home www.cityofkennedale.com Staff Report to the Honorable Mayor and City Council Date: March 21, 2016 Agenda Item No: INCIDENTAL ITEMS-A. I. Subject: Tarrant County College facility review briefing II. Originated by: III. Summary: Tarrant County Building Trades Department has initiated a review of City Hall, the Police Building and the Fire Station with the intention of recommending building improvements. The improvements include building flow, capacity, and the heating and cooling system. Instructors and students will be present to discuss their initial findings. A final report and is not expected until later in the year. 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: March 21, 2016 Agenda Item No: INCIDENTAL ITEMS- B. I. Subject: Discuss and approve calendar for FY2016-2017 budget preparations II. Originated by: Finance Director, Director of Finance & IT III. Summary: The Property Tax Code (tax) and Local Government Code (budget) provides for specific legal requirements in which a taxing unit must comply in order to adopt both their tax rate and budget. In an effort to comply with the aforementioned codes, the City has set the budget/tax schedules as outlined below: 05/14/16 Special Session -Strategic Planning For Upcoming Budget Process 08/12/16 Special Session -Submit certified roll and calculations. -Budget Workshop (Submittal Of Proposed Budget) -Vote to Place Proposal On Future Agenda (Will Only Occur If Two Public Hearings Are Needed) 09/8/16 Special Session -Conduct Public Hearing On Budget -Conduct 1st Public Hearing On Tax Increase (Will Only Occur If Two Public Hearings Are Needed) 09/15/16Special Session -Conduct 2nd Public Hearing On Tax Increase (Will Only Occur If Two Public Hearings Are Needed) 09/19/16 Regular Session -Adopt Budget, Adopt Tax Rate, Ratify Tax Increase Reflected In Budget 09/30/16 -Last Day To Adopt Budget 10/20/16 -Approve MMD Tax Assessment& Levy IV. Fiscal Impact Summary: V. Legal Impact: VI, Recommendation: I 405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817-985-2100 1 Fax: 817-478-7169 Approve VII.Alternative Actions: VIII.Attachments: 1. FY16-17 Budget Calendar FY16-17 Budget Calendar. df CITY OF KENNEDALE, TEXAS ANNUAL PROGRAM OF SERVICES BUDGET CALENDAR . 01/01 Tarrant Appraisal District Beginning of appraisal year. 03/01 Tarrant Appraisal District Notification of TIF values for the following year to tax jurisdictions for billing and collection (invoice county). 04/15 Tarrant Appraisal District Last day for businesses to file property tax renditions. 04/30 Tarrant Appraisal District Notification of preliminary values to all taxing jurisdictions (includes TIF reports). 05/01 Finance Review and send out Budget Calendar. 05/14 City Council Work Session:Strategic Planning. 05/15 Tarrant Appraisal District Notification of preliminary values to all taxing jurisdictions (includes TIF reports). 05/27 Staff Budget Kick-Off. 05/31 Tarrant Appraisal District Property owner has 30 days from the date of the notice or until May 31, whichever is later, to file a protest. 06/3 Staff Submit FY15/16 revenue & expense estimates, FY16/17 proposed budget requests, and Extended Service Programs (ESPs) to Finance. 06/6-06/17 Finance Meet with each department to review submittals. 06/10 Tarrant Appraisal District Notification of preliminary values to all taxing jurisdictions (including TIF reports). 06/20 City Council Regular Session: Approve tax collection contract & approve special sessions (09/8, 09/15). EDC4B Provide Notice of Projects & Public Hearing to newspaper. 06/22 Newspaper Publish Notice of Projects & Public Hearing. Generally, must allow for period of 60 days from date of publication to close before recommending to Council and also publish 15 days prior to public hearing. However, public hearing not required per SB 1969, Section 505.159 LGC for < 20,000 population, which mainly applies to industrial/commercial projects. Park projects require public hearing. 07/05-07/22 City Manager/Finance Submit budget requests and ESPs to City Manager. Meet with Finance and each department to review submittals. 07114 EDC4B Public Hearing given Notice of Projects. Review and approve projects and budget. _ 07/25 Tarrant Appraisal District Notification of preliminary values to all taxing jurisdictions (including TIF reports). 08/03 City Manager Finance Prepare Budget Message 08/04 Finance Provide Notice of Effective and Rollback Tax Rates, statement and schedules to newspaper. Publish by Aug 7 or soon thereafter. Must be quarter pages, at least 8 point font and can be in classifieds. May publish at same time as Notice of Public Hearing On Tax Increase. Place on website, cable channel (60 seconds, 5 times daily, 7 days, from 7AM-9PM) and run through end of 2ND Public Hearing. 08/07 Finance Prepare and Print Budget books. "EXEMPLIFYING EXCELLENCE" CITY OF KENNEDALE, TEXAS ANNUAL PROGRAM OF SERVICES BUDGET CALENDAR 08/12 City Council Special Session Budget Workshop: Submit certified roll and calculations. Submit proposed budget given certified values. Discuss tax rate. If proposed rate will exceed the lower of the effective or rollback rate, vote to place proposal for tax increase on future agenda and schedule public hearings. Must be record vote and although may be left blank going into meeting, must specify desired rate at time of resolution adoption. 08/18 Finance Provide Notice of Public Hearing On Budget to newspaper. Must publish notice of location, date, and time. Must be published not earlier than the 30TH or later than the 10TH day before the date of the hearing. Optional: Place on website, cable channel (60 seconds, 5 times daily, 7 days, from 7AM-9PM) and run through end of budget hearing. 08/24 Newspaper Publish Notice of Public Hearing On Budget. 08/25 Finance Provide Notice of Property Tax Rates to newspaper(must be published by September 1). 08/31 Newspaper Publish Notice of Property Tax Rates (must be published by September 1). 09/01 Tarrant Appraisal District Notification of supplemental/last certified roll to tax jurisdictions for billing and collection. 09/08 City Council Special Session: Public Hearing On Budget. Must be set for date occurring after 15th day after proposed budget filed with City Secretary but before tax rate adoption. Public holiday or weekend not permitted and quorum is required. Special Session: 1ST Public Hearing On Tax Increase (if needed). Announce vote on tax rate, time and location. Must have 2 hearings in addition to Vote On Tax Rate. Public holiday or weekend not permitted and quorum is required. 09/15 City Council Special Session: 2nd Public Hearing On Tax Increase (if needed). Announce vote on tax rate, time and location. Must have 2 hearings in addition to Vote on Tax Rate. Public holiday or weekend not permitted and quorum is required. Not earlier than 7t" day after the 1St Public Hearing. 09/17 Finance Submit tax rates to Tarrant County & Tarrant Appraisal District. "EXEMPLIFYING EXCELLENCE" CITY OF KENNEDALE, TEXAS ANNUAL PROGRAM OF SERVICES BUDGET CALENDAR 09/19 City Council Regular: Approve budget (ordinance), vote on tax rate (ordinance) and ratify budget. Vote must take place no less than 3 days and no more than 14 days after the 2"D Public Hearing since website and cable channel required for tax rate. Motion for tax rate requires special language and ordinance requires special language in larger type. Must be record vote on tax rate. Publish special language on website and cover page of budget book after adoption. Must adopt tax _ rate 60 days after certified roll is received or by Sep 30. 09/30 City Council/Finance Last day to adopt budget. Provide adopted tax rates to Tarrant County Tax Office and Tarrant Appraisal District. 10/01 Tarrant Appraisal District Notification of supplemental/last certified roll to tax jurisdictions for billing and collection. 10/25 MMD Board Approve tax assessment and levy. "EXEMPLIFYING EXCELLENCE" KENNEDALE You're Here,Your Home www.cityofkennedale.com Staff Report to the Honorable Mayor and City Council Date: March 21, 2016 Agenda Item No: REQUIRED APPROVAL ITEMS (CONSENT) -A. I. Subject: Consider approval of minutes from February 15, 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 - February 15, 2016 -15-16. df 405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817-985-2100 1 Fax: 817-478-7169 ic, KENNEDALE You're Here,Your Home www.cityoNennedale.com KENNEDALE CITY COUNCIL MINUTES REGULAR MEETING February 15, 2016 CITY HALL COUNCIL CHAMBERS, 405 MUNICIPAL DRIVE WORK SESSION - 5:30 PM REGULAR SESSION - 7:00 PM I. CALL TO ORDER Mayor Johnson called the meeting to order at 5:30 p.m. II. WORK SESSION *NOTE: Pursuant to Section 551.071, Texas Government Code, the City Council reserves the right to adiourn into Executive Session at any time durin_p the work session or the re_pular session to discuss posted executive session items or to seek legal advice from the City Attorney on any item posted on the agenda. A. Review the Comprehensive Annual Financial Report Greg Schropshire, CPA with Pattillo, Brown & Hill, LLP provided a summary of the Comprehensive Annual Financial Report for 2015 for Council consideration. B. Discuss the proposed mixed use development by OM Housing City Manager Bob Hart stated that this item Concerns the proposed mixed-use development at Kennedale Sublett Road and Kennedale Parkway. City Planner Rachel Roberts stated that this agenda item will include a presentation by OM Housing to consider and discuss the proposed mixed-use development. She added that the development will have a small portion of retail along Kennedale Parkway, with townhomes or offices and apartments on Kennedale Sublett Road. Financing for the apartments will be through a tax credit program, while the remainder is through conventional means. In order for the developer to participate in the tax credit program, they must provide a resolution of support from the City. The resolution of support will be presented later in the agenda. Rachel provided some historical background and current housing cost for the area. In closing, she added that this project would provide affordable housing for the Kennedale community. Deepak Sulakhe, President and CEO for OM Housing provided a power point presentation and overview for the Village at Hammack Creek project. Mr. Sulakhe stated that he was dedicated to working with the City and addressing all citizen concerns. Discussion ensued with questions from Council members. C. Discussion of items on regular agenda 405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817-985-2100 1 Fax: 817-478-7169 No items were discussed at this time. III. REGULAR SESSION Mayor Johnson opened the regular session at 7:02 p.m. IV. ROLL CALL Present: Frank Fernandez, Brian Johnson, Kelly Turner, Liz Carrington, Charles Overstreet, Michael Walker Absent: None V. INVOCATION Greg Adams, Pastor of Covenant Life Baptist Church gave the invocation. VI. UNITED STATES PLEDGE VII. TEXAS PLEDGE 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. There was no one present requesting to speak. 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 Councilman Charles Overstreet stated that he and Liz Carrington attended the Village Creek/Lake Arlington Watershed Protection Project meeting in Everman. He noted that they talked about how the watershed protection plan was put together, along with the initiatives to improve the water system and the clean-up of Village Creek. They will meet again in March. Councilman Frank Fernandez stated that the Southeast Tarrant Transportation Partnership (SETT) will have a meeting tomorrow concerning the extension of US287. Councilman Kelly Turner stated that he attended the Emergency Preparedness Planning Council (EPPC) meeting last week. He added that $1.8 million has been earmarked for the region for emergencies, with some of those funds going to the recovery efforts for the tornado victims in Garland. Additionally, he noted that he was appointed as Vice-Chair to the Committee. Councilwoman Liz Carrington stated she also attended the Village Creek Watershed Protection meeting with Charles Overstreet; adding that the EPA and TECQ were also in attendance. She noted that everyone is invested in restoring Village Creek to its natural state so it can be used for recreational activities. B. Updates from the Mayor Page 2of6 Mayor Brian Johnson stated that he and Bob Hart visited the UTA Urban Planning Department regarding the Kennedale Park Master Plan; he noted that they will be helping with the update of the plan. C. Updates from the City Manager City Manager Bob Hart stated that the City is working with Geophysical Union on the technical exchange program. This program is where the academic community looks for technical projects to support; the City interviewed with them today regarding the Village Creek Project. If selected, they will voluntarily assist with achieving the City's plans for Village Creek. X. MONITORING INFORMATION A. Monthly Financials - January 2016 B. Executive Limitations C. Ends Review - Balanced Scorecard Monitoring information updates are in the agenda packet for review. XI. INCIDENTAL ITEMS A. 2014 Comprehensive Annual Financial Report (CAFR) Award Finance Director Krystal Crump informed the Council that the City received the Comprehensive Annual Financial Report (CAFR) Award for 2014; she noted that this was the 11th consecutive year to receive the award. B. Review the 2015 Police Activity Reports regarding crime statistics and use of force Police Chief Tommy Williams provided Council with an overview of the 2015 Police Activity Report. He noted that use-of-force had a significant drop from last year, and that officers now have the option to carry a taser or pepper guns. In closing, he stated that they tracked thefts this year and out of 108 offenses, 57 were completely preventable. He hopes to provide public educational information on the City webpage on preventive measures 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 January 18, 2016 meeting B. Consider approval of Resolution 480 calling the General Election for May 7, 2016 Motion To approve all required approval Items on (Consent) agenda. Action Approve, Moved By Liz Carrington, Seconded By Charles Overstreet. Motion passed Unanimously Page 3of6 XIII. DECISION ITEMS A. Consider approval of Resolution 478 supporting OM Housing's application for housing tax credit for the proposed Village at Hammack Creek project City Planner Rachel Roberts stated that OM Housing has expressed an interest in developing a mixed-use development on a 16-acre site at Kennedale Parkway and Sublett Road, which is consistent with the Comprehensive Land Use Plan. She stated that this project would be financed through both conventional means and tax credit housing programs; Rachel added that this is not the Section 8 Housing Tax Credit Program. Rachel pointed out that this is a Resolution of Support for the project and would allow it to move forward through the application process and does not give approval of the project .Additionally, she provided some historical background and current housing cost for the area; adding that this project would provide affordable housing for our community. Jason Lane, Director of Acquisitions for OM Housing provided a brief overview of the project and noted that they are award winning developers, who strive to provide top of the line developments. Mr. Lane stated that they are requesting a Resolution of Support from the City, which is due to the State by March 16, 2016. Mayor Johnson stated that there can be no discussion without a motion on the table. Motion To defer action on this item for future consideration. Action Deferred, Moved By Michael Walker, Seconded By Kelly Turner. Motion to defer passed Unanimously Mayor Johnson stated that there is no public hearing; however, for the record, he read aloud those present who were opposed to the development: Kathy Brown, 808 Shady Bend Drive; Cheryl Pond, 606 Hilltop Court; Josh Bryant, 1006 Bell Oak Drive; Azam Shaikh, 800 Shady Bend Drive; and Rasik Patel, 912 Shady Creek Drive. Also present representing Kennedale ISD was Joe Taylor, 604 Bluebonnet Lane. B. Conduct a Public Hearing to consider authorizing funding participation with Tarrant County Community Development and Housing for the 42nd Year Community Development Block Grant (CDBG) Project for sanitary sewer improvements on Dick Price Road Larry Ledbetter provided an overview of the sanitary sewer project on Dick Price Road to be submitted for the 42nd Year Community Development Block Grant (CDBG).Larry stated that part of the application process requires the City to authorize the project and pledge any funds that may exceed the HUD grant for the design and construction of the project. The estimated engineering and construction cost of the project is $213,640 and the City's participation and matching amount is estimated at $48,640. Public Hearing: Mayor Johnson opened the public hearing. There was no one present requesting to speak. Page 4of6 Mayor Johnson closed the public hearing. Motion for approval made was made on agenda item XIII - C. C. Consider approval of Resolution 482 authorizing funding participation with Tarrant County Community Development and Housing for the 42nd Year Community Development Block Grant (CDBG) Project for sanitary sewer improvements on Dick Price Road There was no additional discussion on this item. Larry Ledbetter stated that staff recommends approval of Resolution 482, to authorize funding participation in the CDBG program. Motion To approve Resolution 482, authorizing funding participation with Tarrant County for the 42nd Year Community Development Block Grant (CDBG). Action Approve, Moved By Kelly Turner, Seconded By Charles Overstreet. Motion passed Unanimously D. Consider approval of Ordinance 590 calling a Charter Amendment Special Election for May 7, 2016 John Clark, Charter Review Committee Chair provided an overview of the activities of the Committee. Mr. Clark stated that the Review Committee has been working on the charter updates for the last four months. He stated that the technical changes are necessary because of changes in due dates set by the State. The major issues include organizational components in the City Secretary's position; and the extension of term lengths for City Council members. He stated that overall the Charter is in good shape. Motion To approve Ordinance 590 calling a Charter Amendment Special Election. Action Approve, Moved By Charles Overstreet, Seconded By Liz Carrington. Motion passed Unanimously E. Consider approval of Resolution 479 authorizing TCAP to negotiate an extension to the current electric supply agreement and approving TCAP contracting with Next Era and authorizing the City Manager to sign an electric supply agreement Finance Director Krystal Crump stated that the City is currently under contract through 2018 with TCAP and are requesting to extend the contract through 2022. She added that the City has an extremely high load factor and staying with TCAP will help us to stabilize the rate. Motion To approve Resolution 479 authorizing the TCAP contract extension. Action Approve, Moved By Frank Fernandez, Seconded By Kelly Turner. Motion passed Unanimously F. Consider acceptance of the 2015 Comprehensive Annual Financial Report (CAFR) A presentation of the 2015 Comprehensive Annual Financial Report (CAFR) was provided by Greg Schropshire, CPA with Pattillo, Brown & Hill, LLP during the work session. Finance Director Krystal Crump provided a brief summary of the presentation. Motion To approve the 2015 Comprehensive Annual Financial Report. Action Approve, Moved By Liz Carrington, Seconded By Charles Overstreet. Motion passed Unanimously Page 5of6 XIV. EXECUTIVE SESSION Mayor Johnson recessed into executive session at 8:15 p.m. A. 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. Land use amortization (6727 Hudson Village Creek Road) 2. Floodplain amortization and remediation XV. RECONVENE INTO OPEN SESSION, AND TAKE ACTION NECESSARY PURSUANT TO EXECUTIVE SESSION, IF NEEDED Mayor Johnson reconvened into open session at 8:55 p.m. A. Consider approval of Resolution 481 authorizing the Board of Adjustment to initiate amortization proceedings on property at 6727 Hudson Village Creek Road Motion To approve Resolution 481 authorizing the Board of Adjustment (BOA) to initiate amortization proceedings at 6727 Hudson Village Creek Road. Action Approve, Moved By Liz Carrington, Seconded By Michael Walker. Motion passed Unanimously XVI. ADJOURNMENT Motion To adjourn the February 15, 2016 regular City Council meeting. Action Adjourn, Moved By Kelly Turner, Seconded By Liz Carrington. Motion passed Unanimously The meeting was adjourned at 8:00 p.m. APPROVED: ATTEST: Brian Johnson, Mayor Leslie Galloway, City Secretary Page 6of6 KENNEDALE You're Here,Your Home www.cityofkennedale.com Staff Report to the Honorable Mayor and City Council Date: March 21, 2016 Agenda Item No: REQUIRED APPROVAL ITEMS (CONSENT) - B. I. Subject: Consider approval of minutes from the March 4, 2016 special 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 Special Meeting Minutes - March 4, 2016 3-4-16 S ecial. 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 SPECIAL MEETING March 4, 2016 CITY HALL COUNCIL CHAMBERS, 405 MUNICIPAL DRIVE SPECIAL SESSION - 3:30 PM I. CALL TO ORDER Mayor Johnson called the meeting to order at 3:28 p.m. II. ROLL CALL Present: Frank Fernandez, Brian Johnson , Kelly Turner, Liz Carrington, Charles Overstreet, Michael Walker Absent: None III. EXECUTIVE SESSION Mayor Johnson recessed into executive session at 3:30 p.m. A. 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. Acquisition of right-of-way at 5760 Kennedale Parkway 2. Acquisition of parkland 6727 Hudson Village Creek Road IV. RECONVENE INTO OPEN SESSION, AND TAKE ACTION NECESSARY PURSUANT TO EXECUTIVE SESSION, IF NEEDED Mayor Johnson reconvened into open session at 4:30 p.m. and adjourned the meeting. V. ADJOURNMENT The meeting was adjourned at 4:30 p.m. APPROVED: ATTEST: Brian Johnson, Mayor Leslie Galloway, City Secretary 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: March 21, 2016 Agenda Item No: REQUIRED APPROVAL ITEMS (CONSENT) - C. I. Subject: Approval of city-developer agreement for Kennedale Seniors Addition II. Originated by: Rachel Roberts, City Planner III. Summary: As part of approving final plats, city code requires approval of a city-developer agreement. This agenda item is to consider approval of the agreement between the City of Kennedale and the developer of Kennedale Seniors LTD Addition (located on Kennedale New Hope Rd). The agreement describes the respective responsibilities assigned to the City and the developer and owner in terms of infrastructure and facilities to be provided. The agreement uses the City's standard language for city-developer agreements and addresses topics such as who is responsible for the costs of installing water and sewer lines and other improvements, as well as the bonds we require a developer to have. IV. Fiscal Impact Summary: V. Legal Impact: VI. Recommendation: Approve VII.Alternative Actions: VIII.Attachments: 1 iKennedale Seniors LTD Development Developer Agreement- Kennedale Seniors (DRAFT) 3- [Agreement 17-16. df 405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817-985-2100 1 Fax: 817-478-7169 CITY OF KENNEDALE DEVELOPER'S AGREEMENT FOR THE Kennedale Seniors, LTD Addition STATE OF TEXAS § COUNTY OF TARRANT § THIS AGREEMENT is entered into on the 21st day of March, 2016, between the City of Kennedale, Texas, hereinafter referred to as the "CITY', and Kennedale Seniors, LTD, 4500 Carter Creek, Suite 101 , Bryan, TX 77802, mailing address of P. O. Box 3189, Bryan, TX 77805, hereinafter referred to as the "DEVELOPER." WHEREAS, the DEVELOPER has requested the CITY to permit the platting and/or ADDITION of a tract of land known as Kennedale Seniors, Ltd Addition (the "Addition"); and WHEREAS, the CITY has approved such platting and/or ADDITION which requires the construction of community facilities and improvements to serve the Addition as provided herein; and WHEREAS, this Agreement shall operate as a covenant running with the land and shall be binding upon the DEVELOPER and their successors, heirs, assigns, grantees, trustees and representatives. NOW, THEREFORE, the CITY and the DEVELOPER, in consideration of the mutual covenants and agreements contained herein, do mutually agree as follows: A. ZONING, PLATTING and ADDITION PLANNING All property owned by the DEVELOPER and located within the limits of the Addition shall be zoned and platted in accordance with the Zoning Ordinance and the Subdivision Ordinance of the CITY before any Building Permit will be issued. The DEVELOPER shall dedicate, at no cost to the CITY, all easements and other Page 1 dedications as required by CITY regulations at the time of platting. The DEVELOPER shall comply with all requirements in this Agreement as a condition of approval of the Addition. B. PUBLIC IMPROVEMENTS All public and private infrastructure improvements, including streets, utilities, drainage, sidewalks, street lighting, street signage, and all other required improvements, shall be provided by the DEVELOPER, at no cost to the CITY, in accordance with the Subdivision Ordinance and other Regulations of the CITY, and as approved by the City Engineer or his agent. Such improvements shall be installed within all applicable time frames in accordance with the Subdivision Ordinance of the CITY and this Agreement. The DEVELOPER shall employ a civil engineer licensed to practice under Chapter 1001 of the Texas Occupations Code for the design and preparation of plans and specifications for the construction of the public improvements. The DEVELOPER shall assume all responsibility for the adequacy and accuracy of the design, plans and specifications. Engineering studies, plan/profile sheets, and other construction documents (hereinafter referred to as the "Construction Plans") prepared by the licensed engineer shall be provided by the DEVELOPER at the time of platting as required by the Subdivision Ordinance. Such documents shall be approved by the City Engineer or his agent prior to approval and filing of a Final Plat. Construction of such improvements shall not be initiated until a Pre-Construction Conference has been conducted regarding the proposed construction. In accordance with the Subdivision Ordinance of the CITY, construction of all public improvements shall be subject to routine review by the City Engineer or his agent to evaluate conformance with the construction plans, project specifications and CITY standards. However, such review and evaluation shall not relieve the DEVELOPER, his engineer and/or agent of responsibility for the design, construction and maintenance of the improvements as set out in this Agreement and relevant ordinances of the CITY. Upon completion of construction of public improvements as required by this Agreement and the Subdivision Ordinance, the DEVELOPER shall deliver to the CITY the following As-Built construction plans for the public improvements constructed or engineered by the DEVELOPER: 1 . One FULL set in AutoCAD 14 (or the City's most recent version); Page 2 2. One FULL set, bond, 24" x 36" or 22" x 34"; 3. One FULL PDF set; 4. Shapefiles (GIS) providing the location of water and sanitary sewer layout and storm drain layout. The shapefiles shall be provided in the Texas NAD83 State Plane coordinate system for North Central Texas. C. CONSTRUCTION BONDS OR LETTER OF CREDIT IN LIEU Prior to initiating any construction for the Addition, the construction contractor(s) for the DEVELOPER shall provide the CITY with one original and one quality copy of the following construction bonds: 1. LETTER OF CREDIT IN PLACE OF PERFORMANCE BOND AND PAYMENT BOND In lieu of a performance bond, DEVELOPER shall provide to CITY a letter of credit in an amount equal to one hundred and ten percent (110%) of the total contract price for the construction of public improvements (and any private improvements constructed in lieu thereof), guaranteeing the full and faithful execution of the work and performance of the construction for the protection of the CITY against any improper execution of the work or the use of inferior materials and also assuring payment of all costs for all labor, materials, and equipment used in the construction of the improvements. 2. MAINTENANCE BOND A good and sufficient Maintenance Bond in an amount equal to one hundred percent (100%) of the total cost of the public improvements (and any private improvements constructed in lieu thereof), guaranteeing the maintenance in good condition of the facilities for a period of two (2) years from and after the date that a Letter of Acceptance is issued by the CITY indicating that the public improvements have been completed by the DEVELOPER and accepted by the CITY. Each of the above bonds shall be in a form acceptable to the CITY. Any surety company through which a bond is written shall be duly authorized to do business in the State of Texas, provided that the CITY, through its Mayor, shall retain the right to reject any surety company for any work under this Agreement regardless of such Page 3 company's authorization to do business in the State of Texas. Approval by the City shall not be unreasonably withheld or delayed. No bonds issued by or backed by Developers Surety and Indemnity Company, also known as AmTrust Surety, shall be acceptable to the CITY. D. STREETS 1 . In conjunction with the platting and ADDITION of the Addition, all required on-site and off-site street improvements shall be constructed by the DEVELOPER in accordance with the plans and specifications prepared by the Developer's engineer and accepted by the CITY prior to any inspections associated with the issuance of any building permit other than a plumbing rough-in inspection. Streets shall be constructed of portland cement and the DEVELOPER shall install curb and gutter in accordance with CITY standards. The CITY shall assume maintenance responsibilities of any public street improvements installed by the DEVELOPER once the two-year maintenance bond is released. The DEVELOPER shall be responsible for maintenance of all private drives or access ways. 2. The DEVELOPER shall be responsible for the construction and installation of all required street lighting as provided in the plans. E. PUBLIC ACCESS ROAD A public access road connecting the ADDITION to Kennedale New Hope Road and meeting City standards shall be installed by the DEVELOPER at an approved location through Sonora Park before a final inspection for the ADDITION shall be approved. This access road will provide a secondary means of ingress to and egress from the ADDITION. F. UTILITIES 1. WATER All required on-site and off-site water mains, valves, fire hydrants and other improvements shall be constructed by the DEVELOPER in accordance with the plans and specifications prepared by the DEVELOPER's engineer and accepted by the CITY prior to any inspections associated with the issuance of any building permit other than a plumbing rough-in inspection. Issuance of a building permit prior to acceptance of water and related improvements Page 4 authorizes work associated with a plumbing rough only; no work beyond the plumbing rough will be authorized and no additional inspections on any buildings will be conducted by the CITY until the water and related improvements have been accepted by the CITY. The CITY shall assume maintenance responsibilities of the water system once the two-year maintenance bond is released. 2. SANITARY SEWER All required on-site and off-site sanitary sewer mains, manholes and other improvements shall be constructed by the DEVELOPER in accordance with the plans and specifications prepared by the DEVELOPER's engineer and accepted by the CITY prior to any inspections associated with the issuance of any building permit other than a plumbing rough-in inspection. Issuance of a building permit prior to acceptance of sanitary sewer improvements authorizes work associated with a plumbing rough only; no work beyond the plumbing rough will be authorized and no additional inspections on any buildings will be conducted by the CITY until the sanitary sewer improvements have been accepted by the CITY. The Developer will be responsible for maintaining the sewer system. 3. DRAINAGE All required on-site and off-site drainage improvements shall be constructed by the DEVELOPER in accordance with the plans and specifications prepared by the DEVELOPER's engineer and accepted by the CITY rip or to any inspections associated with the issuance of any building permit other than a plumbing rough-in inspection. Issuance of a building permit prior to acceptance of drainage improvements authorizes work associated with a plumbing rough only; no work beyond the plumbing rough will be authorized and no additional inspections on any buildings will be conducted by the CITY until the drainage improvements have been accepted by the CITY. The DEVELOPER agrees to comply with all applicable EPA, TCEQ and other Federal, State and local requirements relating to the planning, permitting and management of storm water. The DEVELOPER agrees to construct the necessary drainage facilities within the ADDITION. These facilities shall be designed and constructed in accordance with the CITY's Subdivision Ordinance and the Construction Plans. The DEVELOPER agrees to comply with all provisions of the Texas Water Code. The Developer will be responsible for maintaining the drainage facilities. Page 5 4. ACCEPTANCE OF UTILITIES AND AUTHORIZATION TO PROCEED WITH CONSTRUCTION The CITY understands the ADDITION will be constructed on two separate lots. The CITY agrees that if all utilities are installed and accepted by the CITY on one lot but are not yet accepted on the other lot, additional construction work will be authorized through the building permits and associated inspections may be conducted, provided, however, that all required ingress and egress points to serve the completed lot have also been constructed and accepted by the CITY. G. PUBLIC FACILITIES TO BE PROVIDED BY THE CITY The CITY makes no guarantee that water supply or wastewater treatment capacity will be available at any particular time or place if the ADDITION is not completed by December 31, 2017, it being fully understood by both parties hereto that the ability of the CITY to supply water and wastewater services is subject to the CITY's water and wastewater system capacity. The CITY shall be the sole judge of the availability of such capacity to supply such water and/or wastewater services, provided, however, that the CITY will use its best efforts to insure that said water supply and wastewater treatment capacity is available. H. ISSUANCE OF BUILDING PERMITS Approval the final plat and associated plans will authorize the CITY to issue building permits for the ADDITION. H. FEES TO BE PAID BY THE DEVELOPER 1. PLAT FEES The DEVELOPER has paid the CITY the required final plat application fee and engineering review fee. 2. CONSTRUCTION INSPECTION FEES The DEVELOPER hereby agrees to pay the CITY construction inspection fees equal to four percent (4%) of the construction costs of water and sanitary sewer infrastructure improvements and four percent (4%) of the construction costs of street and drainage improvements for the ADDITION. Payment is due prior to initiating construction of these infrastructure improvements. DEVELOPER shall submit to the CITY documentation Page 6 sufficient to verify relevant costs. Upon City acceptance of the public and private infrastructure improvements, the Developer is to submit to the City all approved change orders related to the public and private infrastructure improvements. 3. STREET NAME SIGNS and TRAFFIC CONTROL DEVICE SIGNAGE The DEVELOPER is responsible for material costs, installation costs and maintenance costs of all street name signs, traffic control devices and school zone signs, including flashing light school zone signs as required by the City Engineer. All street name signs and traffic control device signs shall meet the current CITY standards and comply with the requirements of the Texas Manual on Uniform Traffic Control Devices at the time of installation. Installation must be completed prior to CITY acceptance of the ADDITION's infrastructure improvements. Traffic Control or regulatory signs shall be installed by the DEVELOPER where required. 4. IMPACT FEES It is understood and agreed that impact fees will be assessed by the CITY at the time of final platting of the ADDITION, including the applicable sanitary sewer and water impact fees assessed by both the CITY and the City of Fort Worth. These fees must be paid prior to obtaining building permits for lots in the ADDITION. 5. PARK FEES Required park fees (in lieu of dedication of park land) shall be paid by the DEVELOPER before construction of the public improvements. The park fee dedication fee is calculated as $1 ,200.00 per residential unit. However, CITY notes that the DEVELOPER has agreed to donate to the CITY a portion of its property within the floodplain for future use as a city park in recognition of the CITY agreeing to allow construction of a public access road through a city park connecting the ADDITION with an existing public street. The DEVELOPER has secured an independent appraisal that calculates this floodplain property as having a value of $140,000. The ADDITION will have 136 residential units. The park dedication fee for the ADDITION is therefore calculated to be a total of $23,200 ($163,200-$140,000=$23,200). 6. PUBLIC UTILITIES The DEVELOPER agrees to pay the public utility companies (Charter Page 7 Communications Cable Company, SBC Telephone Company, TXU Energy Company, TXU Gas Company and TXU Delivery Company) for their required costs of main installations, for street lighting, etc. for the ADDITION. I. GENERAL CONDITIONS 1. LAW COMPLIANCE The DEVELOPER agrees to comply with all federal, state and local laws that are applicable to ADDITION of the ADDITION. 2. EROSION CONTROL During construction of the ADDITION and after the streets have been installed, the DEVELOPER agrees to keep the streets free from soil build-up. The DEVELOPER agrees to use soil control measures such as silt screening, hydromulch, etc., to prevent soil erosion. It will be the DEVELOPER'S responsibility to present to the City Engineer a soil control ADDITION plan that will be implemented for the Addition. When, in the opinion of the City Engineer or his agent, there is sufficient soil build-up on the streets or other drainage areas and notification has been given to the DEVELOPER, the DEVELOPER will have twenty-four (24) hours to clear the soil from the streets or affected areas. If the DEVELOPER does not remove the soil from the streets within the twenty-four (24) hours, the CITY may cause the soil to be removed either by contract or CITY forces and place the soil within the Addition at the DEVELOPER'S expense. All expenses incurred by the CITY in doing so must be paid to the CITY prior to acceptance of the Addition. 3. PRI VA TE AMENI TI ES It is understood that the Addition may incorporate a number of unique amenities and aesthetic improvements such as unique landscaping, fences and walls, street furniture, etc. and may incorporate specialty signage and accessory facilities. The DEVELOPER agrees to accept responsibility for the construction and maintenance of all such aesthetic or specialty items. The CITY shall not be responsible for the maintenance or replacement of these items under any circumstances. 4. AMENITIES WITHIN PUBLIC RIGHT-OF-WAY Page 8 Only those amenities or specialty items listed in this section may be constructed within the public right-of-way. The CITY shall not be responsible for the replacement of these items under any circumstances. The DEVELOPER agrees to accept responsibility for the installation and maintenance of all landscaping and irrigation, as specified on the approved Construction Plans, within any open spaces or other public right-of-way within the Addition and agrees to indemnify and hold harmless the CITY from any and all damage, loss or liability of any kind whatsoever by reason of injury to property or third persons occasioned by the location of these amenities within the public right-of-way, and the DEVELOPER shall defend and protect the CITY against all such claims and demands. The DEVELOPER shall replace any plants, trees, or grass that die with the same type of plant, tree, or grass that is the same size and in the same stage of growth as the landscaping that died. 5. VENUE Venue for any action brought hereunder shall be in Tarrant County, Texas. 6. ASSIGNMENT This Agreement or any part hereof or any interest herein shall not be assigned by the DEVELOPER without the express written consent of the Mayor, which consent shall not be unreasonably withheld. 7. CONSTRUCTION AND ONCOR EASEMENT DEVELOPER shall submit adequate documentation to the CITY demonstrating that the DEVELOPER has obtained an easement across Oncor property for a roadway internal to the ADDITION to connect the north and south portions of the property. The DEVELOPER shall also submit adequate documentation to the CITY demonstrating that the DEVELOPER has permission from Oncor to work around, over, or under the easement, as needed, to construct the improvements as shown in the construction plans. Such documentation shall include, at a minimum, a written authorization from Oncor, submitted on official letterhead from Oncor, and signed by an official with authority to grant any permissions needed. 8. ADDRESSES DEVELOPER shall submit to the CITY addresses for each platted lot within Page 9 the Addition. The addresses shall be submitted in a table format, with the lot and block number listed for each address. J. FINAL ACCEPTANCE OF SUBDIVISION INFRASTRUCTURE The CITY will not issue a Letter of Acceptance until the Addition's public and private improvements are completely constructed (Final Completion) to the satisfaction of the Public Works Director or his agent and the City Engineer. However, upon Substantial Completion, a "punch list" of outstanding items shall be presented to the DEVELOPER'S contractor(s) indicating those outstanding items and their deficiencies that need to be addressed for Final Completion of the Addition. The DEVELOPER agrees to deliver to the CITY clear and unencumbered title to all public improvements. Upon issuance of a Letter of Acceptance, title to all public improvements mentioned herein shall be vested in the CITY and the DEVELOPER hereby relinquishes any right, title or interest in and to such improvements or any part thereof. It is understood and agreed that the CITY shall have no liability or responsibility in connection with such public improvements until the Letter of Acceptance is issued. K. NON-WAIVER The DEVELOPER expressly acknowledges that by entering into this Agreement, the DEVELOPER shall never construe this Agreement as waiving any of the requirements of the Zoning Ordinance or Subdivision Ordinance or any other ordinance of the CITY. L. HOLD HARMLESS AGREEMENT THE DEVELOPER SPECIFICALLY ACKOWLEDGES AND AGREES THAT APPROVAL BY THE CITY ENGINEER OR OTHER CITY EMPLOYEE OF THE CONSTRUCTION PLANS OR ANY OTHER PLANS, DESIGNS OR SPECIFICATIONS SUBMITTED BY THE DEVELOPER PURSUANT TO THIS AGREEMENT SHALL NOT CONSTITUTE OR BE DEEMED TO BE A RELEASE OF THE RESPONSIBILITY AND LIABILITY OF THE DEVELOPER, HIS ENGINEER, EMPLOYEES, OFFICERS OR AGENTS FOR THE ACCURACY AND COMPETENCY OF THEIR DESIGN AND SPECIFICATIONS. SUCH APPROVAL SHALL NOT BE DEEMED TO BE AN ASSUMPTION OF SUCH RESPONSIBILITY AND LIABILITY BY THE CITY FOR ANY DEFECT IN THE DESIGN AND SPECIFICATIONS PREPARED BY THE DEVELOPER'S ENGINEER, HIS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES, IT BEING Page 10 THE INTENT OF THE PARTIES THAT APPROVAL BY THE CITY ENGINEER SIGNIFIES THE CITY'S APPROVAL ON ONLY THE GENERAL DESIGN CONCEPT OF THE IMPROVEMENTS TO BE CONSTRUCTED. IN THIS CONNECTION, THE DEVELOPER SHALL, FOR A PERIOD OF TWO (2) YEARS AFTER THE ACCEPTANCE BY THE CITY OF THE COMPLETED CONSTRUCTION OF INFRASTRUCTURE FOR THE ADDITION, INDEMNIFY AND HOLD HARMLESS THE CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM ANY LOSS, DAMAGE, LIABILITY OR EXPENSE ON ACCOUNT OF DAMAGE TO PROPERTY AND INJURIES, INCLUDING DEATH, TO ANY AND ALL PERSONS WHICH MAY ARISE OUT OF ANY DEFECT, DEFICIENCY OR NEGLIGENCE OF THE DEVELOPER'S ENGINEER'S DESIGNS AND SPECIFICATIONS INCORPORATED INTO ANY IMPROVEMENTS CONSTRUCTED IN ACCORDANCE THEREWITH, WHETHER OR NOT CAUSED, IN WHOLE OR IN PART, BY THE NEGLIGENCE OF THE CITY, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES, AND THE DEVELOPER SHALL DEFEND AT HIS OWN EXPENSE ANY SUITS OR OTHER PROCEEDINGS BROUGHT AGAINST THE CITY, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES OR ANY OF THEM, ON ACCOUNT THEREOF, AND SHALL PAY ALL EXPENSES (INCLUDING WITHOUT LIMITATION REASONABLE FEES AND EXPENSES OF ATTORNEYS) AND SATISFY ALL JUDGMENTS WHICH MAY BE INCURRED BY OR RENDERED AGAINST THEM OR ANY OF THEM IN CONNECTION THEREWITH. THE DEVELOPER DOES HEREBY FULLY RELEASE AND AGREE TO, INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES FROM ALL CLAIMS, SUITS, JUDGMENTS, AND DEMANDS OF ANY NATURE WHATSOEVER, FOR PROPERTY DAMAGE OR PERSONAL INJURY, INCLUDING DEATH, RESULTING FROM OR IN ANY WAY CONNECTED WITH THIS AGREEMENT OR THE CONSTRUCTION OF INFRASTRUCTURE IMPROVEMENTS AND FACILITIES IN THE ADDITION OR THE FAILURE TO SAFEGUARD THE CONSTRUCTION WORK, OR ANY OTHER ACT OR OMISSION OF THE DEVELOPER RELATED THERETO, WHICH ACCRUE PRIOR TO ACCEPTANCE OF THE IMPROVEMENTS BY THE CITY, WHETHER OR NOT CAUSED, IN WHOLE OR IN PART, BY THE NEGLIGENCE OF THE CITY, ITS OFFICERS, AGENTS OR EMPLOYEES. M. AMENDMENTS This Agreement may be changed or modified only with the written consent of both the DEVELOPER and the City Council of the CITY. Page 11 N. ASSESSMENT In the event the DEVELOPER fails to comply with any of the provisions of this Agreement, the CITY shall be authorized to cease issuance of any further Certificates of Occupancy or building permits on property owned by the DEVELOPER, and the CITY shall be further authorized to file this Agreement in the Mechanic's Lien/Deed Records of Tarrant County as a mechanic's lien against the DEVELOPER'S property; and in the alternative, the CITY shall be authorized to levy an assessment against the DEVELOPER'S property for public improvements in accordance with applicable state law. O. PROPORTIONALITY DEVELOPER agrees that the dedication, construction and payments made pursuant to, or referenced in, this Agreement are roughly proportionate to the impact DEVELOPER's ADDITION will have on CITY facilities, including public infrastructure and the CITY's park system. DEVELOPER also acknowledges and agrees that the prerequisites to such a determination of rough proportionality have been met, and that the dedication, construction and payments under this Agreement are related both in nature and extent to the impact of the ADDITION. DEVELOPER waives any requirement that the CITY retain a professional engineer to review and determine that the exactions required by the CITY in this Agreement are roughly proportionate as required by Section 212.904, Texas Local Government Code. DEVELOPER further waives any federal constitutional claims and any statutory or state constitutional takings claims under the Texas Constitution and Chapter 395 of the Texas Local Government Code. DEVELOPER further acknowledges that the benefits of platting and site planning have been accepted with full knowledge of potential claims and causes of action which may be raised now and in the future, and DEVELOPER acknowledges the receipt of good and valuable consideration for the release and waiver of such claims. DEVELOPER SHALL INDEMNIFY AND HOLD HARMLESS TOWN FROM ANY CLAIMS AND SUITS OF THIRD PARTIES, INCLUDING BUT NOT LIMITED TO DEVELOPER'S SUCCESSORS, ASSIGNS, GRANTEES, TRUSTEES OR REPRESENTATIVES, BROUGHT PURSUANT TO THIS AGREEMENT OR THE CLAIMS OR TYPES OF CLAIMS DESCRIBED IN THIS PARAGRAPH. P. CONTINUITY This Agreement shall be a covenant running with the land and shall be binding upon the DEVELOPER, its successors, heirs, assigns, grantees, trustees and Page 12 representatives. The use of the term DEVELOPER in this Agreement shall include the DEVELOPER'S successors, heirs, assigns, grantees, trustees and representatives. Q. SEVERABILITY The provisions of this Agreement are severable and, in the event any word, phrase, sentence, paragraph, section or other provision of this Agreement, or the application thereof to any person or circumstance, shall ever be determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, the remainder of this Agreement shall remain in full force and effect and the application thereof to any other person or circumstance shall not be affected thereby. The invalid, illegal or unenforceable provision shall be rewritten by the parties to this Agreement to accomplish the parties' original intent as nearly as possible. R. TERMINATION AND RELEASE If this Agreement has been filed in the county records, upon the satisfactory completion by the DEVELOPER and final acceptance by the CITY of all construction requirements of this Agreement, the CITY will execute a release of the DEVELOPER's construction obligations under this Agreement and the CITY shall file said release in the county records. In Witness whereof, each of the parties hereto has caused this Agreement to be executed by its undersigned duly authorized representative to be effective as of the date hereinabove first mentioned. DEVELOPER: Kennedale Seniors Emanuel Glockzin P. O. Box 3189 Bryan, TX 77805 972-846-8878 emanuel@edgproperties.net By: Emanuel Glockzin Date Page 13 CITY OF KENNEDALE By: Brian Johnson, Mayor Date ATTEST: By: Leslie Galloway, City Secretary ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority in and for Tarrant County, Texas, on this day personally appeared Emanuel Glockzin, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he is the President of Kennedale Seniors, LTD and that he executed the same on behalf of said entity for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of 2016. Notary Public in and for the State of Texas Type or Print Notary's Name My Commission Expires: Page 14 KENNEDALE You're Here,Your Home www.cityofkennedale.com Staff Report to the Honorable Mayor and City Council Date: March 21, 2016 Agenda Item No: REQUIRED APPROVAL ITEMS (CONSENT) - D. I. Subject: Consider approval of an Interlocal Agreement with Tarrant County for assistance in the reconstruction of True Gunn Road/Caylebaite Street/Municipal Drive, and authorize the City Manager to execute the agreement II. Originated by: III. Summary: The budget provided for the reconstruction of True Gunn Road, Caylebaite Street, and a portion of Municipal Drive through an interlocal government agreement with Tarrant County. This agreement is the same as prior agreements with the city purchasing material and the county providing labor and equipment for construction. IV. Fiscal Impact Summary: V. Legal Impact: VI. Recommendation: VII.Alternative Actions: VIII.Attachments: 1. Tarrant County Interlocal Agreement arrant Couinty Interlocal A reement. df 405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817-985-2100 1 Fax: 817-478-7169 THE STATE OF TEXAS INTERLOCAL AGREEMENT COUNTY OF TARRANT This Interlocal Agreement is between Tarrant County, Texas ("COUNTY"), and the City of Kennedale("CITY"). WHEREAS, the CITY is requesting the COUNTY's assistance in the reconstruction of: 400 x 18 feet of True Gunn Road, 560 x 21 feet of Caylebaite Street, and 840 x 21 feet of Municipal Drive from Broadway to 3`d Street(collectively referred to as the"Project"). WHEREAS, the Interlocal Cooperation Act contained in Chapter 791 of the Texas Government Code provides legal authority for the parties to enter into this Agreement; and WHEREAS, during the performance of the governmental functions and the payment for the performance of those governmental functions under this Agreement, the parties will make the performance and payment from current revenues legally available to that party; and WHEREAS, the Commissioners Court of the COUNTY and the City Council of the CITY each make the following findings: a. This Agreement serves the common interests of both parties; b. This Agreement will benefit the public; C. The division of costs fairly compensates both parties to this Agreement; and d. The CITY and the COUNTY have authorized their representative to sign this Agreement. NOW, THEREFORE, the COUNTY and the CITY agree as follows: TERMS AND CONDITIONS 1. COUNTY RESPONSIBILITY The COUNTY will furnish the labor and equipment to assist the CITY in completing the Project. The reconstruction will consist of the following: 1.1 Stabilize and compact sub-grade at a depth of ten (10) inches; 1.2 Apply asphalt emulsion prime coat; 1.3 Place and compact three (3) inches of Type B Hot Mix Asphalt Concrete; and 1.4 Place and compact two(2) inches of Type D Hot Mix Asphalt Concrete. 2. CITY RESPONSIBILITY 2.1 CITY will furnish all materials for the Project and pay trucking charges. 2.2 CITY will furnish a site for dumping waste in close proximity to job site for materials generated during this Project. 2.3 CITY will furnish all rights of way, plan specifications and engineering drawings. 2.4 CITY will furnish necessary traffic controls including Type A barricades to redirect traffic flow to alternate lanes during the construction phase of the Project. 2.5 CITY will provide temporary driving lane markings. 2.6 If a Storm Water Pollution Prevention Plan is required, the CITY will be responsible for the design and development of the Plan. CITY will pay for all cost 1 I I (including subcontractor materials, labor and equipment) associated with the implementation and maintenance of the Plan. 2.7 CITY will ensure that the Project is cleared of obstructions which could damage COUNTY equipment during construction. 2.8 CITY will verify the location of all utility locations, mark those locations and then remove the utilities that will interfere with the progress of the Project. 2.9 CITY will provide any soil lab testing needed for the Project. 3. PROCEDURES DURING PROJECT COUNTY retains the right to inspect and reject all materials provided for this Project. If the CITY has a complaint regarding the construction of the Project, the CITY must complain in writing to the COUNTY no later than 30 days of the date of Project completion. Upon expiration of 30 days after Project completion, the CITY will be solely responsible for maintenance and repairs of True Gunn Road, Caylebaite Street, and Municipal Drive. 4. NO WAIVER OF IMMUNITY This Agreement does not waive COUNTY rights under a legal theory of sovereign immunity. This Agreement does not waive CITY rights under a legal theory of sovereign immunity. 5. OPTIONAL SERVICES 5.1 If requested by the CITY, the COUNTY will apply permanent striping coordinated through the Transportation Department. Application of striping by the COUNTY is limited to Project roadways. If the CITY desires permanent striping applied to any roadways or portions of roadways not covered by this Agreement, the CITY will need to enter into a separate agreement with the COUNTY for the provision of those services. 5.2 If necessary, the CITY will furnish flag persons. 5.3 If required, the CITY will pay for engineering services, storm water run-off plans, and continuation of services and plan. 6. TIME PERIOD FOR COMPLETION The CITY will give the COUNTY notice to proceed at the appropriate time. However, the COUNTY is under no duty to commence construction at any particular time. 7. THIRD PARTY The parties do not enter into this Agreement to protect any specific third party. The intent of this Agreement excludes the idea of a suit by a third party beneficiary. The parties to this Agreement do not consent to the waiver of sovereign immunity under Texas law to the extent any party may have immunity under Texas law. 8. JOINT VENTURE &AGENCY The relationship between the parties to this Agreement does not create a partnership or joint venture between the parties. This Agreement does not appoint any party as agent for the other party. 2 9. EFFECTIVE DATE This Agreement becomes effective when signed by the last party whose signing makes the Agreement fully executed. 10. TERMINATION OF AGREEMENT This Agreement will automatically terminate upon completion of the Project or September 30, 2016, whichever date occurs first. This Agreement may be renewed prior to its expiration upon the mutual consent of the parties in writing. 11. DISCLOSURE The CITY acknowledges that it is a"governmental entity"and not a"business entity" as those terms are defined in Tex. Gov't Code §2252.908, and therefore, no disclosure of interested parties pursuant to Tex. Gov't Code Section 2252.908 is required. TARRANT COUNTY, TEXAS CITY OF KENNEDALE COUNTY JUDGE Authorized City Official Date: Date: COMMISSIONER, PRECINCT 2 Andy Nguyen Attest: Attest: APPROVED AS TO FORM* APPROVED AS TO FORM AND LEGALITY Criminal District Attorney's Office* City Attorney * By law, the Criminal District Attorney's Office may only approve contracts for its clients. We reviewed this document as to form from our client's legal perspective. Other parties may not rely on this approval. Instead those parties should seek contract review from independent counsel. 3 KENNEDALE You're Here,Your Home www.cityofkennedale.com Staff Report to the Honorable Mayor and City Council Date: March 21, 2016 Agenda Item No: REQUIRED APPROVAL ITEMS (CONSENT) - E. I. Subject: Consider authorizing the City Manager to negotiate a contract for electric supply II. Originated by: III. Summary: Staff has reviewed proposals from Texas Energy and TCAP. The initial option selected did not have enough participants to qualify for a contract. Staff is continuing to work with both companies to select a provider with the best rates available. But the quoted numbers and options change daily. Thus, this item has been placed on the agenda so staff can finalize a contract over the week. 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 JC KENNEDALE You're Here,Your Home �/± /'+�61I,,J www.cityofkennedale.com (dk±v%d Wry I nodr4 a AWnAnr / 4T/ of ml'J� Date: March 21, 2016 Agenda Item No: REQUIRED ITEMS - F. I. Subject: CASE # PZ 15-17 Consider approval of a final plat requested by Emanuel Glockzin for 332-370 S. New Hope Rd, more particularly described as an approximately 23-acre tract in the C. B. Teague Survey A 15- 06 and Robert C. Richey Survey A-1358, Tarrant County, Texas, conveyed from C D Fincher Estate to Emanuel Glockzin as recorded in instrument number D215220118. A preliminary plat was approved in November 2015. II. Originated by: Rachel Roberts, City Planner III. Summary: Request: Final Plat, Kennedale Seniors, Ltd Addn Location: Kennedale New Hope Rd, immediately south of(adjacent to) Sonora Park Applicant: Emanuel Glockzin Timeline: 12/11/2015 Plat application submitted without all applicable fees 12/14/2015 Fees paid Plat application deemed incomplete (some plans or information missing); 12/22/2015 comments sent to applicant based on preliminary City review begun of plans that were submitted with the plat application Revised/completed plans submitted to the City for review; review not yet 1/8/2016 completed as of 1/15, but some preliminary comments were sent to the applicant's engineers 1/14/2016 Revised plat drawing submitted 1/22/2016 Additional comments provided to applicant 1/22 - 2/5/2016 Revised plans submitted 1/26/2016 Comments given to applicant 2/4/2016 Meeting with applicant/applicant's engineers and Public Works staff/city engineers 2/5/2016 Deadline for submitting revised plans; plans not submitted 3/1/2016 Revised plans submitted by applicant's engineers 3/11/2016 Comments given to applicant, additional revisions requested Background. The Commission approved a preliminary plat for Kennedale Seniors, Ltd Addn in November of last year. The property is zoned as a planned development district. Application requirements. Applications for a final plat shall include a plat drawing, a drainage study, and engineering/construction drawings. In addition, final plats require a city-developer agreement, which will be brought forward for 405 Municipal Drive, Kenneciale, TX 76060 1 Telephone: 817-985-2100 1 Fax: 817-478-71 69 approval by City Council at a later date. Staff Review and Recommendation. City staff and our engineers reviewed the preliminary plat for compliance with the comprehensive plan and with city standards and regulations. Compliance with the comprehensive land use plan. The Future Land Use Plan shows this area to be within a Neighborhood character district. Excerpt from comprehensive plan: 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...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. The proposed plat is for residential use that includes community gathering places, and staff therefore considers the plat to be in compliance with the comprehensive land use plan. Compliance with city regulations. In addition to being in compliance with the comprehensive land use plan, plats must also comply with all applicable city regulations. These regulations include the subdivision design regulations, the Public Works design manual criteria for public improvements, and the zoning ordinance governing the planned development district. In addition, the final plat must substantially conform to the preliminary plat. City staff and the consulting engineers have reviewed the proposed plat and construction plans for compliance to these regulations. We have given comments to the developer's engineers, and they have revised the plans and resubmitted, along with plans that had been missing from the original application and therefore not reviewed with the original submittal. Public Works staff and our engineers are now reviewing the revised plans to ensure compliance with city requirements. Based on initial reviews, thought, the plans do not appear to meet our requirements, and it is likely that staff will recommend denial of the final plat. However, we will have a final recommendation for you at the Commission meeting. Recommendation by the Planning &Zoning Commission. The Planning &Zoning Commission considered the plat at its January meeting. The plans did not meet city requirements, and therefore staff recommended disapproval. The Commission agreed and forwarded a recommendation to deny the plat. Staff Recommendation. Since the Planning &Zoning Commission's meeting in January, the applicant's engineers have made significant changes to the plan set and are close to meeting city requirements. As of 3/15/2016, however, the plans still do not meet city requirements, and our engineers have requested an additional revision to the plans. The changes are significant enough for the plat to be denied if the changes are not made by the time the Council considers the plat. However, since there are only a few changes left to be made, the revisions might be made in time for the Council meeting. Staff will be able to update the Council at the meeting on 3/21. Action by the City Council. After the City Council has reviewed the plat, the Council may either: (1)Approve the plat as presented; (2) Disapprove the plat. If you disapprove the plat, it will be returned to the Planning &Zoning Commission. IV. Fiscal Impact Summary: V. Legal Impact: VI. Recommendation: VII. Alternative Actions: VIII. Attachments: 1. Oncor easement document Access_Ease ment_Exhibits.pdf 2. Staff comments on Kennedale Seniors final staff comments PZ 15-17 final plat.pdf plat 3. Engineer comments on Kennedale Seniors 20151221 Senior Living Facility-Civil Comments - final plat application letter.pdf Plat drawing PZ 15-17 Ilatest version for Council C1.00 FINAL PLAT.pdf Forest Hill-Cedar Hill 345kv D-1677 and D-1675 2015-0284 RR ACCESS EASEMENT E , Ooo c) C� STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS COUNTY OF TEXAS § That ONCOR ELECTRIC DELIVERY COMPANY LLC, a Delaware limited liability company, hereinafter referred to as Grantor, for and in consideration of TEN AND NO/100 DOLLARS ($10.00), and other good and valuable consideration to it in hand paid by Patricia Ann Fincher, Mica Lane Fincher a/k/a Mica Useleton, Misti Luan Fincher, now known as Misti Luan Fincher Oakes and Shane Carroll Fincher hereinafter referred to as Grantee, has granted, sold and conveyed and by these presents does hereby grant, sell and convey unto said Grantee two nonexclusive 50 foot wide easement and right of way for the purpose of constructing, maintaining and operating two access drives, hereinafter referred to as Grantee's Facility, in, over, under, across and along the following described property: SEE ATTACHED EXHIBITS "A" and "B" (which is made a part hereof) Such use shall not interfere with Grantor's use of such property in the operation of its business and Grantee shall properly maintain such property during operation and construction and at the conclusion of such construction remove all debris and other materials from such property and restore such property to the same condition it was in prior to the commencement of Grantee's construction thereon or in proximity thereto. Additional general construction limitations on easement are described and listed, but not limited to, in Exhibit "C", attached hereto and by reference made a part hereof. Use of draglines or other boom-type equipment in connection with any work to be performed on Grantor's property by the Grantee, its employees, agents, representatives or contractors must comply with Chapter 752, Texas Health and Safety Code, the National Electrical Safety Code and any other clearance requirements. Notwithstanding anything to the contrary herein, in no event shall any equipment be within fifteen feet of Grantor's power lines situated on the aforesaid property. Grantee must notify Grantor's Fort Worth Transmission Office, 817-496-2746, 48 hours prior to the use of any boom-type equipment on Grantor's property except in an emergency. Grantor reserves the right to refuse Grantee permission to use boom-type equipment. Grantee shall locate said Grantee's Facility within the easement so as not to interfere with any of Grantor's facilities. Grantee shall reimburse Grantor for any and all costs and expenses incurred by Grantor for any relocation or alteration of its facilities located on or near the easement that Grantor, in its sole discretion, determines are subject to interference from the said Grantee's Facility or from the exercise by Grantee of any of its rights hereunder. Retum M Oncor Electric CJellvery Company Right of Way Services Attn: Laura DeLaPax 115 W.7th Street, Suite 505 Fort Worth,TX 76102 This easement is granted upon the conditions that Grantee's Facility to be constructed shall be maintained and operated by Grantee at no expense to Grantor and Grantor shall not be responsible for any costs of construction, reconstruction, operation, maintenance or removal of the Grantee's Facility. Grantor shall not be liable to Grantee for any damage to said easement or Grantee's Facility or other contents thereof. Grantee understands that its Facility will be constructed and operated near electric utility lines of Grantor and, accordingly, it is the intent of Grantee and Grantee expressly agrees to indemnify and hold harmless Grantor from and against any and all claims, damages, costs, expenses, losses, demands, judgments and causes of action, including all reasonable litigation expenses and attorneys' fees, by whomever brought, arising out of or incident to the construction, maintenance, operation, repair or replacement of Grantee's Facility or Grantee's performance or failure of performance under the Easement, regardless of any cause or fault or negligence (including sole, joint, concurrent or gross) of Grantor, and Grantee further expressly agrees to indemnify and hold harmless Grantor for any claim resulting from Grantors own negligence or fault, Grantee shall, at its own cost and expense, comply with all applicable laws, including but not limited to existing zoning ordinances, governmental rules and regulations enacted or promulgated by any governmental authority and shall promptly execute and fulfill all orders and requirements imposed by such governmental authorities for the correction, prevention and abatement of nuisances in or upon or connected with said premises because of Grantee's use thereof. This easement, subject to all liens of record, shall continue only so long as Grantee shall use this right of way for the purpose herein described and the same shall immediately lapse and terminate upon cessation of such use. Upon termination of this easement or right of way for any reason, Grantee shall remove its Facility and restore the property hereinabove described to the same condition that such property was in at the beginning of the term of this agreement, ordinary wear and tear for the purpose herein authorized excepted. Grantee shall not assign this easement without the prior written consent of Grantor. TO HAVE AND TO HOLD the above described easement and rights unto the Grantee, its successors and assigns, for the purposes aforesaid and upon the conditions herein stated until the same shall be abandoned for use by the Grantee for the purpose herein stated, then and thereupon this conveyance shall be null and void and the use of said land and premises shall absolutely revert to Grantor herein, its successors and assigns, and no act or omission on the part of them shall be construed as a waiver of the enforcement of such condition. AND Grantor does hereby bind itself, its successors and assigns, to WARRANT AND FOREVER DEFEND all and singular the above described easement and rights unto the Grantee, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof, by, through or under Grantor but not otherwise. fL EXECUTED as of this day of --3-u r)E 2015. GRANTOR: Oncor Electric Delivery Company lic By::-- t✓ Dennis L. Patton Attorney-in-Fact GRANTEE: Patricia Ann Fincher Mica Lame Fincher alkla Mica Useleton Misti Luan Fincher now known as Mist! LuFin Fincher Oakes Shane Carroll Fincher Print Name: / Signature: Print Name r - L G�N� Se f �/ f� jG/Cal Signature: Print Name: 7�•�/�f� Jam ! Signature: Print Name: 4hana r;;rrni 7 Pi ncher acting by and throng L� cay agent in fact /��l¢¢t� �f�rX /I/ O Mic incher [J elton 1kz'1 Signatu7 STATE OF § COUNTY OF r)A-- § BEFORE ME, the undersigned authority, on this day personally appeared Patricia Aran Pincher, Mica Lane Fincher alkla Mica Useleton, Misti Luan Fincher now known as Misti Luan Fincher Oakes and Shane Carroll FincheWs the land owners, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that they executed the same for the purposes and consideration therein expressed, in the capacity therein stated and they are authorized to do so. ,, . GIVEN UNDER MY HAND AND SEAL OF OFFICE this - ��-1 day of �t}t1ti A.D_20'15. Notary Public in 'nd for the State of Texas NIKKf JACKSOtd ! . Notary Public,State of Texas My CO-mission Exp-res J Febrwry 16, 2016 STATE OF TEXAS § COUNTY OFTARRANT § BEFORE ME, the undersigned authority, on this day personally appeared Dennis L. Patton, Attorney-in-Fact of ONCOR ELECTRIC DELIVERY COMPANY LLC, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same as the act and deed of Oncor Electric Delivery Company LLC, and for the purposes and consideration therein expressed and in the capacity therein stated, and that he was authorized to do so. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 5 day of A.D.2015. `,411111 frlrl tARA S. DALE Notary Putgic.state of Texas .G .� My CommISSion Expires --Notary Public in and for the State of Texas '•;;;,;;r March 11, 2019 Exhibit A Being 0.309 acres of land located in the C.B. Teague Survey, Abstract No_ 1506, Tarrant County,Texas, being a portion of the tract of land described in the deed to Texas Electric Service Company, recorded in Volume 3953, Page 36, Deed Records, Tarrant County,Texas. Said 0.309 acres of land being more particularly described as follows: BEGINNING at a point in the North line of said Texas Electric Service Company tract, lying S89 054'30"W 297.90 feet from a 112"iron rod stamped `Beasley RPLS 4050"set at the Northeast corner of said Texas Electric Service Company tract; THENCE S00032'40"W, a distance of 118.07 feet to a point at the beginning of a curve to the right, having a radius of 225.00 feet, a central angle of 15°41'28"and a chord bearing S08°23'24"W 61.43 feet; THENCE Southerly, along said curve to the right, a distance of 61.62 feet to a point; THENCE S16'1 4'08'W, a distance of 47.33 feet to a point at the beginning of a curve to the left, having a radius of 175.00 feet, a central angle of 14'07'15'and a chord bearing S09°10'30"W 43.02 feet; THENCE Southerly, along said curve to the left, a distance of 43,13 feet to a point in the South line of said Texas Electric Service Company tract, from which a 112"iron rod found at the Southeast corner of said Texas Electric Service Company tract bears S88°17'54"E 260.34 feet; THENCE N88°17'54"VV,along said South line, a distance of 50.00 feet to a point at the beginning of a non tangent curve to the right, having a radius of 225.00 feet, a central angle of 14°12'46"and a chord bearing N09°07'45"E, 55.67 feet; THENCE Northerly, along said curve to the right, a distance of 55.81 feet to a point; THENCE N16°14'08"E, a distance of 47.33 feet to a point at the beginning of a curve to the left, having a radius of 175.00 feet, a central angle of 15°41'28"and a chord bearing N08°23'24"E 47.78 feet; THENCE Northerly, along said curve to the left, a distance of 47.93 feet to a point; THENCE N00°32'40"E, a distance of 117.52 feet to a point in said North line; THENCE N89°54'30"E, along said North line, a distance of 50.00 feet to the point of beginning, containing 0.309 acres of land. The bearings recited hereon are oriented to NAD 83, Texas North Central Zone. Kenneth R. Rogers IT �o+ Registered Professional .. ". and Surveyor No. 6066 R.reoe.�s Y.......6066..y I ;.. See 8 Y" x 11"exhibit attached suR,4 m t0 C 6 0 U3 O aj Q � 1 o~ K � gi .v H. r°6 ° CCeC w I. $ SSA. M En p7 m W ® " Ix C s 0 M1 r)C3 [vD Old } rnO MOM i In M �. n t lmn :-u0i I �; a 0 Cu CO 4l o C x o _p C C N C oD J dCD L 0 4 C4 J �o�'vmcb'b• f Q 91i,haV N v �cvvn IZ W Z M m'MOvl �p,309 acres QD Z En w 0 cc 00 m 7 tUF �.Q•q O Ft!HOC '� N �V�mnm auto � yry W'°� J JJJJJ1 _ iG�� 70 Z � D c yy [s v i�F �eiap 3 0 O pis a� Y$` E4� �MNrm LL c e a4� f� m m C C m n V L` m 0 \ Y 19 6t O= w 7 In �f ° ° L C m Z Z 0 V7 V M C.M1 i7 = P N O N Co ff� rcs U O G O O m !1 V7 Z Z L r _ W v ty M M J (5 n nn m n un N YI ri¢ Id- t0 d• Ln r ry m = o 9 0 O 0 m y1 vl u7 lCl 'i 'xo.3on = ° s r- r, P �V•F cv in _ ¢ YpM fti n V�pp y ° a '1' 1'TQ'04C 'd'LC 'A 802 'ON A A .10 g v cy cy c3 NOSORH "q NHOf' nUV31 �•� E ti A NN N '00L ON 'A A11f40 a g y g !l 96 '21 VA °a LI u o �bv u� PYb x o w y _ a` N❑ _ 130 Exhibit A Being 0.172 acres of land located in the C.B. Teague Survey,Abstract No. 1506,Tarrant County, Texas, being a portion of the tract of land described in the deed to Texas Electric Service Company, recorded in Volume 3872, Page 354, Deed Records, Tarrant County,Texas. Said 0.172 acres of land being more particularly described as follows: BEGINNING at a point in the North line of said Texas Electric Service Company tract, lying S88°19'20"E 160.32 feet from a 518"iron rod found at the Northwest corner of said Texas Electric Service Company tract; THENCE S88°19'20"E, along said North line, a distance of 50.02 feet to a point; THENCE South, a distance of 39.00 feet to a point at the beginning of a curve to the left having a radius of 175.00 feet, a central angle of 05°07'13"and a chord bearing S02°33'76"E 15.63 feet; THENCE Southerly, along said curve to the left, a distance of 15.64 feet to a point; THENCE S05 007'13"E, a distance of 35.73 feet to a point at the beginning of a curve to the right, having a radius of 225.00 feet, a central angle of 05°39'53"and a chord bearing S02°17'17"E 22.24 feet; THENCE Southerly, along said curve to the right, a distance of 22.25 feet to a point; THENCE S00°32'40"W, a distance of 37.62 feet to a point in the South line of said Texas Electric Service Company tract; THENCE N88°17'54"W, along said South line, a distance of 50.01 feet to a point from which a 112" iron rod found at the Southwest corner of said Texas Electric Service Company tract bears N88°17'54"W 169.05 feet; THENCE N00 032'40"E, a distance of 36.61 feet to a point at the beginning of a curve to the left, having a radius of 175.00 feet, a central angle of 05 039'53"and a chord bearing NO2 017'17"W 17.30 feet; THENCE Northerly, along said curve to the left, a distance of 17.30 feet to a point; THENCE N05 007'13"W, a distance of 35.73 feet to a point at the beginning of a curve to the right, having a radius of 225.00 feet, a central angle of 05°07'13"and a chord bearing NO2°33'37"W 20.10 feet; THENCE Northerly, along said curve to the left, a distance of 20.11 feet to a point; THENCE North, a distance of 40.47 feet to the point of beginning, containing 0.172 acres of land. The bearings recited hereon are oriented to NAD 83, Texas North Central Zone. {EJT, rF Kenneth R. Rogers `` +� Registered Professional EMNETH R'ROGEliS Land Surveyor No. 6066 " suss"�;? r''•°mac s sw°r'p? See 8 1W x 11" exhibit attached i c moA q O� U rc S (> ° c a�~g L �, k g i«r e U�Z I U x O W KF�mm9 s?M 00 yr r Nc rc° } J;dd Lr o z 4 \O =p wig rci co q 0 t d �wm c.a �u °i � 4•y 7 R v v 6 ce�N m w U1 n r� w?*`!� C �� • 5 �e fps 0 e n [� } N U ") LL)H -i < Y-J e m °. v. ZS � ¢ C 0 i$ 0 LLI M � m a y '0 6 pC7 0 O G ul to . ~ Apo N0 L_ ]%a m L+ T_ i�Jm� m cu U o 0 3 p Ua d 0 W O a H F- Z O O C ZZ ov) 00 co D V d � L C N 1 _ a L N I 0 N N ° N 'm`oor W a� S �v • �Zm ~SON 0 L W W m c a s o un u w E l rM1j n �aU �4� 0 x0=zo o a) 00 1°') f rry v°�N� �0_b �0�dmr wm O 2] r_ -°C:!] U 0_;N 0G " �"E m� N N N LV o own �7K o Tp, c 0)> V c c t°-� Q o D O L N CL m rj L5 `0 > O CJ m 3 A= — O C EZ� ~ Z J J �. N r7 -ORS A�66 fl� A�a$�I�I IN30OH - u g� a '� I 1! �I�fl� NNO to N � � � r �!) 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Addition Dear Mr. Glockzin, City staff have reviewed the final plat drawing and plans for Kennedale Seniors LTD Addition and request the following changes or additions be made. Comments from our engineers and Public Works are listed separately. 1) The lot and block numbers on the properties to be platted should be enlarged so that they can be located and read easily. 2) The name of the subdivision within the title block should be enlarged to be more easily readable. 3) The date in the approval signatures should be changed to 2016. 4) Please provide an instrument number for the document referenced in the first paragraph of the metes and bounds description. 5) Is Kennedale Seniors now the owner of the property?Tarrant County deed records online do not show a transfer of the property from Emanuel Glockzin to Kennedale Seniors. Please provide a copy(certified copy not required) of the deed conveying the property from Emanuel Glockzin to Kennedale Seniors LTD. These changes are in addition to any changes required by our public works or fire departments, which were sent in a separate letter dated 12/22/2016. Please note that your application is still considered incomplete, but we have moved ahead with reviewing the plat to ensure processing in a timely manner once the application is deemed complete. Once the application is complete, we may have additional or amended comments based on what is submitted to complete the application. Sincerely, Rachel Roberts Community Development Director Cc: M J Thomas Engineering 405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817-985-2135 1 Fax: 817-483-0812 December 22, 2015 Ms. Rachel Roberts City of Kennedale 405 Municipal Drive Kennedale,Texas 76060 RE: Senior Living Center-Civil Plan 1" Review Dear Ms. Roberts: We have completed our review of the Senior Living Center engineering plans and final plat submitted on 12/11/15. Please note that the plans appear to be incomplete. The plans do not include storm drain alignments and sizing, whereas the grading plans indicate drainage inlets are needed and the storm drain details indicate that drainage facilities are to be included with the project. Additionally, the plans do not explain how storm water runoff is picked up from the residential properties on the east boundary of the development and conveyed through the site to the drainage channel on the west boundary of the development. Due to the questions raised regarding the storm drain design, we are unable to verify a proposed storm drain system would be out of conflict with the proposed water and sewer facilities and that the storm drain outfalls would avoid negatively impacting the drainage channel. Please note that the absence of the storm drain information with the V submittal could result in the need for additional reviews. The following is a list of our comments and observations from the plan review: Cover Sheet 1. Add Final Pla:to the sheet index and plans. 2. Add Owner information. 3. Add Month,Year to cover. 4. Add lighting Plan/details to plan set. Final Plat 1. Add minimum Finished Floors to the two lots being developed. 2. Adjust the line work so the lot lines do not conflict with the metes/bounds text. 3. Provide recording information of access easements across Oncor electric easement. 4. Please provide different line styles for different flood zones(Zone AE vs. Floodway) S. Move the New Hope Road text out so it is easier to read. 6. Add the document number to the metes and bounds. 7. Add the words "dedicated by separate instrument" to the Access, Drainage and Utility easement. General Notes, 01.01 1. General notes are too hard to read. Please provide spaces between the lines. 2. General notes state standard waterline depth is 42" which conflicts with notes elsewhere in the plans. Please clarify. Shield Engineering Group, PLLC 1600 IN, 71r' Sr. _ North, >lt)2 • office (817) 810-0696 . fax (844) 273-21803 Email: info@seglollc•com • www.shleidengineeringgroup.com Demolition Plan, C1.04 1. Coordinate the Demolition plan with the free Survey/Tree Preservation plan. Trees being removed and saved need to match on both plans. Dimension Control Plan, 01.05 1. Please provide dimension of north access drive. 2. Please review the dimension control plan to ensure all proposed elements are tied down. It appears that some side walk and paving may need additional dimensions. Overall Paving Plan, 01.06 1. Continue paving hatch t h r u dumpster areas in order to identify paving section. 2. The center island needs to be pulled out of the right-of-way. Paving Quad 1,01.07 1. Continue paving hatch t h r u dumpster areas in order to identify paving section. Paving Quad 2,C1.08 1. Continue paving hatch thru dumpster areas in order to identify paving section. Paving Quad 1,C1.09 1. Identify non-,abeled dashed line. Paving Quad 1,C1.10 1. identify non-abeled dashed lines. 2. Pull island out of right-of-way. 3. it appears that there may be a paving conflict with a power pole. Please clarify.. Grading Quad 1, 01.12 1. It appears that low points have been created in the grading plan, but the plans do not include inlets. Please clarify the plans. 2. Identify limits of grading. 3. Show proposed contours tying into existing contours. 4. Add directional flow arrows. S. Provide grading spot shot elevations to ensure proper grading. 6. How does storm water runoff exit the proposed development? Grading Quad 2, C1.13 I. It appears that low points have been created in the grading plan, but the plans do not include inlets. Please clarify the plans. 2. Identify limits of grading. 3. Show proposed contours tying into existing contours. 4. Add directional flow arrows. 5. Provide grading spot shot elevations to ensure proper grading. 6. Please review the grading along the east boundary line. It appears that existing trees may be saved if the grading can be revised. Shield Engineering Group, PLL.sC 1644 V; 7, Fort worth, TX 76142 - office (817} X110-0696 e fax (844) 273-21801 Email: info(asegi-)Plc.com • www.shieldengineeringgroup.cor Grading Quad 3, 01.14 1. It appears that low points have been created in the grading plan, but the plans do not include inlets. Please clarity the plans. 2. Identify limits of grading. 3. Show proposed contours tying into existing contours. 4. Add directional flow arrows. 5. Provide grading spot shot elevations to ensure proper grading. Grading Quad 4,01.15 1. It appears that low points have been created in the grading plan, but the plans do not include inlets. Please clarify the plans. 2. Identify limits of grading. 3. Show proposed contours tying into existing contours. 4. Add directional flow arrows. 5. Provide grading spot shot elevations to ensure proper grading. Grading Quad 5,01.16 1. Identify limits of grading. 2. Show proposed contours tying into existing contours. 3. Add directional flow arrows. 4. Provide grading spot shot elevations to ensure proper grading. Grading Quad 6,01.17 1. identify limits of grading. 2. Show proposed contours tying into existing contours. 3. Add directional flow arrows. 4. Provide grading spot shot elevations to ensure proper grading. Grading Quad 7, C1.18 1. Identify limits of grading. 2. Show proposed contours tying into existing contours. 3. Add directional flow arrows.. 4. Provide grading spot shot elevations to ensure proper grading. Utility Plan, C1.19 1. Identify/ Label lines. Water Plan North, C1.20 I. Please provide each building with its own meter and service. 2. Add legend. 3. Provide at least 2 benchmarks. 4. Add pigging plan (locations of pig insert and cleaning wye's.) 5. Call out paving repair at New Hope Road. Water Plan South, C1.21 I. Please provide each building with its own meter and service. 2. Add legend. 3. Provide at least 2 benchmarks. 4. Add pigging plan (locations of pig insert and cleaning Wye's.) S. Call out paving repair at New Hope Road. DIN Shield Engineering Group, PLLC 7!h St., Suite 20 ort worth, u102 • c '- -;6 • fax (844) 2-/3 180 Email: infoCsegpllc.com • www.shielriengineeringgroup.com 6. Label lines. Sanitary Sewer Plan-North, C1.24 1. Add legend. Sanitary Sewer Plan-South, 01.25 1. Add legend. 2, Complete sewer service call outs. 3. Label lines. Existing Drainage Area Map, C1.28 1. Add existing contours. 2. It appears so ne flow arrows maybe pointed in wrong direction. 3. Add flow arrow to legend. Proposed Drainage Area Map,01.29 1. Show proposed contours. 2. Add more flow arrows to clarify proposed drainage patterns. 3. No underground storm drain is shown. How does runoff exit the property? Sediment Control Plan,01.31 1. The plan calls for inlet protection, but the plans do not show inlets or a storm drain system. Please clarify. Paving Details, C2.02 1. Details appear to conflict. Please clarify. Paving Details,02.03 I. It appears there are redundant details shown previously in the plans. Please verify and remove redundant details. 2. It appears that some of the information on the paving profile contradicts the paving detail shown on sheet C2.02. Please review and clarify. Embedment Details, C2.06 1. Are the pavement repair details needed? The standard City details have been added on C2.07 and C2.08. If additional information is shown on C2.06 details, then verify details do not conflict. Water Details, 02,09 1. Revise water service detail to show 1"service with%"angle stops. Sanitary Sewer Details, 02.11 1. All new manholes need 30" lids. 2. All new manholes require exterior mastic coating. Storm Drain Details,C2.12 1. All new manholes need 30" lids. General Comments: 1. The Traffic Control Plan may be provided by the contractor; however, the plan must be approved prior to construction. Please allow for 10-15 days of review time for the Traffic Control plan. Shield Engineering Group, RLLC 76102 • office (8' ') 810-0696 • fax f844) 273-2180 -mail: infogsegpllc.com • www.shieldengineeringgroup.cor� 2. Per comments provided during the preliminary plat review, water and sewer studies must be submitted. 3. Identify locations of fire lane and call out fire lane marking. 4. The tree survey which was previously submitted will need to match the demolition plan that was submitted wth this plan set prior to plan approval. 5. The landscape plan previously submitted will need to be approved prior to plan approval. 6. If a detail shown in the plans is not required for the development, please remove the detail from the plan set. 7. Per the Senior Living Facility PC ordinance, ornamental lighting is to be a part of the project. Please provide a plan and details. Please feel free to contact me with any questions or comments at 817.810.0696 Sincerel s MikeJ8enne t, P.E, Shield Engineering Group, PLLC Shield Engineering Group, PLLC St., Suite 200, Fort Worth, TX 76102 • office (817; fax (844) 273-2180 Email: info@Dsegpllc.com ■ www.shieldengineeringgroup.com win chi hip all W pay! -'M hD moo= opt gal 1 1 !Qp RH ht R who 091 low P 11 Rol iph I IN 15 II II W Sul my'Al ind ow all w W gal 1 hum Ap 12 Fit Too/f if �m�_ -_____ Cep _ - 0as:�z °eQeg MOW Mgt ic KENNEDALE Planning and Zoning Commission www.cityofl,cennedale.com STAFF REPORT TO THE BOARD OF DIRECTORS Date: March 21, 2016 Agenda Item No: DECISION ITEMS - A. I. Subject: Update Future Transportation Plan in the Comprehensive Land Use Plan 1. Staff Presentation 2. Public Hearing 3. Staff Summary and Response 4. Action by the City Council II. Originated by: Rachel Roberts, City Planner III. Summary: After the new comprehensive land use plan was adopted in March 2012, the city adopted a master plan for the Oak Crest area in August 2012. This Employment Center Master Plan was based on the comprehensive plan but provided a more detailed vision for the Oak Crest neighborhood than could be established through the larger, more comprehensive Future Transportation Plan. A major component of the master plan is the realignment of Oak Crest Drive so that the roadway will line up with Gilman Rd, which is now located slightly to the south of the Oak Crest Dr intersection with Kennedale Pkwy. City staff would like to include this realignment in the upcoming five-year capital improvement program (to be considered by City Council in the upcoming budget year), but in order for the project to be included, it must be shown on the Future Transportation Plan. City Council has already given approval to the concept of the realignment through adopting the Employment Center Master Plan, so city staff recommends updating the Future Transportation Plan so that both plans are consistent with each other and with the city's vision. Specifically, staff recommends updating the map shown on page 6-3 of the comprehensive plan. We have asked Halff Associates, the consultants who produced the comprehensive plan, to provide a revised page, which is attached to this report for your consideration. Planning and Zoning Commission Recommendation. The Planning &Zoning Commission considered this item on its March agenda and held a public hearing. No one spoke at the public hearing. The Commission voted to recommend approval. IV. Notification: V. Fiscal Impact Summary: VI. Legal Impact: VII. Recommendation: Approve VIII. Alternative Actions: IX. Attachments: 1. Ordinance 595 Comp Plan update ordinance (revised by W Olson) Mar 2016 -- 0595. df 2. Page 6-3, Comprehensive Land Use Plan updated Page 6-3 (65 of 84) of Kennedale comp Future Transportation Plan Ian. df ORDINANCE 595 AN ORDINANCE AMENDING THE COMPREHENSIVE PLAN FOR THE CITY OF KENNEDALE BY UPDATING THE FUTURE TRANSPORTATION PLAN; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Kennedale is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, in order to effectively plan for infrastructure and long-range development of the City, and to deliver city services adequate to serve the citizenry of the City of Kennedale, the City has previously adopted a Comprehensive Plan; and WHEREAS, it is necessary to amend the future transportation plan element of the Comprehensive Plan in order to revise the Thoroughfare Plan Map to reflect transportation goals, objectives and policies for future development within the City; and WHEREAS, in accordance with the powers and duties of the Planning and Zoning Commission, the Planning and Zoning Commission has assessed and developed goals, objectives and policies to guide the future development of the City and has recommended the adoption of the proposed amended Comprehensive Plan in accordance therewith; and WHEREAS, it is the opinion of the City Council that the attached Thoroughfare Plan Map developed for the City of Kennedale, Texas, and endorsed by the City's Planning and Zoning Commission, should be adopted and be used as a guideline on which to base zoning, platting and other land use decisions; and WHEREAS, a public hearing was duly held by the Planning and Zoning Commission of the City of Kennedale on the 17t" day of March 2016, and by the City Council on the 21St day of March 2016, with respect to the proposed amendment to the Comprehensive Plan; and WHEREAS, all requirements of law dealing with notice and publication and all procedural requirements have been complied with in accordance with Chapter 213 of the Local Government Code. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KENNEDALE, TEXAS: G:\Planning and Dev\PLANNING AND ZONING\Comp Plan update ordinance(revised by W Olson)Mar 2016--0595.doc(03/11/16) Page 1 SECTION 1. The Future Transportation Plan element of the Comprehensive Plan of the City of Kennedale is hereby amended by adopting a revised Thoroughfare Plan Map as shown on Exhibit "A", attached hereto. The Thoroughfare Plan Map hereby adopted shall supersede and replace the current Thoroughfare Plan Map on page 6-3 of the Comprehensive Plan. SECTION 2. This ordinance shall be cumulative of all provisions of ordinances of the City of Kennedale, Texas, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. SECTION 3. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs, and sections of this ordinance are severable, and if any phrase, clause sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 4. This ordinance shall be in full force and effect from and after its passage, and it is so ordained. PASSED AND APPROVED ON THIS 21St DAY OF MARCH, 2016. APPROVED: Mayor Brian Johnson ATTEST: Leslie Galloway, City Secretary G:\Planning and Dev\PLANNING AND ZONING\Comp Plan update ordinance(revised by W Olson)Mar 2016--0595.doc(03/11/16) Page 2 EFFECTIVE: APPROVED AS TO FORM AND LEGALITY: Wayne K. Olson, City Attorney G:APlanning and DevAPLANNING AND ZONING\Comp Plan update ordinance(revised by W Olson)Mar 2016--0595.doc(03/11/16) Page 3 F_ 2012 COMPREHENSIVE KENNEDALE . �on —p � PLAN UPDATE 4 You're HereY Home o° .' P � �. b '- ` yg o FUTURE TRANSPORTATION PLAN r gel — _ - i I�j � ... fare Type Parkway F — N n Main lanes/ T Number of 4 4/2 4 2to4 2 2 I I °�✓ / o Through Lanes Desired 40-45 40-45/30-35 35-40 30-35 25-30 35-40 F Operating - \ ,na'f;f�--- �A�4ae� °9�� -=1 speed n m h) '-18'/6'- -- -- a (mph) Median 16'-18' 12 8' 12'-18' 4'-16' (optional) I b P access� Driveway Limited From access Limited Yes Yes Yes d n- anan v Access lanes n Curb No Yes Optional Yes Yes No %,l _,.,„..JAI Parking (access lane) (not "�/n -- delineated) o ps n 3 Pedestrian 5' 5'-10' 5'-10' 5'-10' 5'-8 S' a9F 6 ..- - access lanes i Facilities' ( ) (clear 4 2� through- oJ way) ✓� I b I ° n � Bicycle SP Or SH BLOr SL BL Or BBL BL Or SL SL SL Or SH Facilitiest oonnnnnn, �ti.�E�a , I Streetside 18'-25' 15'-20' 18'-22' 15'-20' 10'-16' 25'-30' Width' n i �nnnnoo '. Required 100'-150' 120'-160' 100'-130' 60'-110' 60'-70' 80'-100' ROW n - - a Width NOTES: o �x c„NNsox Proposed widths of pedestrian facilities should be applied to both sides of the street. PL ANN ED THOROUGHFARE TYPE SP-Side Path SL-Shared lane Reew'ay aural aoaa Sit-Shoulder BBL-Buffered bike lane Parkway street BL-Bike lane (\/nom/1 aowe�am nnnn ttais uM V V� ( • 'Streetside Width refers to the area between the street and building.It includes the edge, /t ••� Avenue aa�° Pr or ty R'cyclee ��HALFF o „o, raoo. ao ? ' a x130 Peaesv an Proi crs furmshings/plantmg strip,clear throughway,andfrontage zones. KENNEDALE You're Here,Your Home www.cityofkennedale.com Staff Report to the Honorable Mayor and City Council Date: March 21, 2016 Agenda Item No: DECISION ITEMS- B. I. Subject: Consider accepting the official certification of unopposed candidates for the 2016 general election. II. Originated by: Leslie Galloway, Communications Coordinator III. Summary: In order to begin the election cancellation process, the Mayor must first accept the attached certification from the City Secretary. This certification will be posted on the agenda board until after the general election date. IV. Fiscal Impact Summary: V. Legal Impact: VI. Recommendation: Approve VII.Alternative Actions: VIII.Attachments: 1. Certification of Unopposed Candidates lCertificate of Unopposed Candidates. 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 CERTIFICATION OF UNOPPOSED CANDIDATES CERTIFICAC16N DE CANDIDATOS ONICOS To: Brian Johnson, Mayor Al: Brian Johnson, Alcalde As the authority responsible for having the official ballot prepared, I hereby certify that the following candidates are unopposed for election to office for the election scheduled to be held on May 7, 2016. Como autoridad a cargo de la preparaci6n de la boleta de votaci6n official, por la presente certifico que los siguientes candidates unicos para elecci6n para un cargo en la elecci6n que se llevar6 a cabo el 7 de Mayo, 2016. Office(s), Cargo(s) Candidate(s), Candidato(s) Mayor — Brian Johnson Council Place 2 — Liz Carrington Council Place 4 — M. Kelly Turner -ko� Leslie Galloway City Secretary City of Kennedale Eeg4?i�, o Date iX_ r • • r y A N T 60" 405 Municipal Drive, Kennedale, TX 76060 Telephone: 817-985-2100 Fax: 817-478-7169 KENNEDALE You're Here,Your Home www.cityofkennedale.com Staff Report to the Honorable Mayor and City Council Date: March 21, 2016 Agenda Item No: DECISION ITEMS- C. I. Subject: Consider approval of Ordinance 591 canceling the May 7, 2016 election and declaring unopposed candidates elected to office II. Originated by: Leslie Galloway, Communications Coordinator III. Summary: As Liz Carrington, Kelly Turner, and Brian Johnson have all filed for candidacy and were unopposed as of the the closing day for candidate filing, please consider approval of the attached Ordinance. IV. Fiscal Impact Summary: V. Legal Impact: VI. Recommendation: Approve VII.Alternative Actions: VIII.Attachments: 1. Ordinance 591 10rdinance 591. df 405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817-985-2100 1 Fax: 817-478-7169 ORDINANCE NO. 591 AN ORDINANCE CANCELING THE MAY 7, 2016 GENERAL ELECTION AND DECLARING EACH UNOPPOSED CANDIDATE ELECTED TO OFFICE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Kennedale is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, in accordance with law a general election has been ordered for May 7, 2016 for the purpose of election council members to serve on the city council in the City of Kennedale; and WHEREAS, the city secretary has certified in writing that each candidate on the ballot is unopposed for election to office; and WHEREAS, the filing deadlines for placement on the ballot and declaration of write -in candidacy have passed; and WHEREAS, in these circumstances Subchapter C of Chapter 2 of the Election Code authorizes a governing body to declare each unopposed candidate election of office and cancels the election. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KENNEDALE, TEXAS, THAT: SECTION 1 The following candidates, who are unopposed in the May 7, 2016 general election, are hereby declared to office, and shall be issued a certificate of election at the time prescribed in the Election Code for canvassing of votes: Brian Johnson Mayor Liz Carrington Council Place 2 M. Kelly Turner Council Place 4 SECTION 2 The general election previously ordered for May 7, 2016 for the purposed of election councilmember to serve on the city council in the City of Kennedale is hereby canceled. The Order of Cancellation is attached (Exhibit A). SECTION 3 The city secretary is directed to post a copy of this ordinance at each designated polling place on May 7, 2016. SECTION 4 This ordinance shall be cumulative of all provisions of ordinances of the City of Kennedale, Texas, except where the provisions of this ordinance are in direct conflict with the provision of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. SECTION 5 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 ordinances 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 6 This ordinance shall be in full force and effect from and after its passage, and it is so ordained. PASSED AN APPROVED ON THIS 21St DAY OF MARCH, 2016. APPROVE: Mayor Brian Johnson ATTEST: City Secretary, Leslie Galloway APPROVED AS TO FORM AND LEGALITY City Attorney, Wayne K. Olson ORDER OF CANCELLATION DE ORDENDE CANCELACION The City of Kennedale hereby cancels the election scheduled to be held on May 7, 2016 in accordance with Section 2.053(a) of the Texas Election Code. The following candidates have been certified as unopposed and are hereby elected as follows: El Ciudad de Kennedale por la presente cancela la elecci6que, de to contrario, se hubiera celebrado el 7 de Mayo, 2016 de conformidad, con la Secci6n 2.053(a) del C6digo de Elecciones de Texas. Los sigueintes candidatos han sido certificados como candidatos unicos y por la presente quedan elegidos como se haya indicado a continuaci6n: Candidate Candidato Office(s) Cargo(s) Brian Johnson Mayor Alcalde Liz Carrington Council Place 2 Lugar 2 Consejo M. Kelly Turner Council Place 4 Lugar 4 Consejo A copy of this order will be posted on Election Day at each polling place that would have been used in the election. El Dia de las Elecciones se exhibira una copia de esta orden en todas las mesas electorales que se hubieran utilizado en la elecci6n. Mayor(Alcalde) Secretary(Secretario) (Seal)(sello) March 21,2016 KENNEDALE You're Here,Your Home www.cityofkennedale.com Staff Report to the Honorable Mayor and City Council Date: March 21, 2016 Agenda Item No: DECISION ITEMS- D. I. Subject: Consider approval of Ordinance 596 setting the speed limit on Kennedale Parkway to 40 miles per hour II. Originated by: Tommy Williams, Police Chief III. Summary: With the increased development activity near 1-20 and Kennedale Parkway, the Police Department has responded to numerous traffic accidents. The accidents stem from left turning movements to/from QT, Popeye's, and Burger King; and the speed limit (45 mph). The City is working with TxDOT to design safety improvements in the area including the installation of a median, access interconnections between QT and Popeye's/Burger King, and the extension of Link Street. Modifications to the speed limit (from 45 mph to 40 mph)will also help in traffic safety. IV. Fiscal Impact Summary: V. Legal Impact: VI. Recommendation: Approve VII.Alternative Actions: VIII.Attachments: 1. Ordinance 596 JOrdinance 596.docx 405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817-985-2100 1 Fax: 817-478-7169 ORDINANCE NO. 596 AN ORDINANCE ALTERING THE PRIMA FACIE SPEED LIMITS ESTABLISHED FOR VEHICLES UNDER THE PROVISIONS OF CHAPTER 545, SECTION 545.356, TEXAS TRANSPORTATION CODE, AND UPON THE BASIS OF AN ENGINEERING AND TRAFFIC INVESTIGATION UPON CERTAIN STREETS AND HIGHWAYS, OR PARTS THEREOF, WITHIN THE CORPORATE LIMITS OF THE CITY OF KENNEDALE AS SET OUT IN THE ORDINANCE: AND PROVIDING A PENALTY OR A FINE NOT TO EXCEED $200.00 FOR VIOLATION OF THIS ORDINANCE. WHEREAS, Chapter 545, Section 545.356, Texas Transportation code, provides that whenever the governing body of the City shall determine upon the basis of an engineering and traffic investigation that any prima facie speed therein set forth is greater or less than is reasonable or safe under the conditions found to exist at any intersection or other place or upon any part of a street or highway, with the City taking into consideration the width and condition of the pavement and other circumstances on such portion of said street or highway, as well as the usual traffic thereon, said governing body may determine and declare a reasonable and safe prima facie speed limit thereat providing that appropriate signs giving notice thereof are erected at such intersection, other place or part of the street or highway. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KENNEDALE, TEXAS, THAT: SECTION 1. Upon the basis of an engineering and traffic investigation heretofore made as authorized by the provisions of Chapter 545, Section 545.356, Texas Transportation Code, the following prima facie speed limit hereafter indicated for vehicles is hereby determined and declared to be reasonable and safe, and such speed limit is hereby fixed at the rate of speed indicated for vehicles traveling upon the named streets and highways, or parts thereof, described as follows: Control: 172-01 Highway: BUS 287 Mile Point 10.104, south 0.357 miles to Mile Point 10.461, zoned at 40 MPH. SECTION 2. The Director of Public Works is hereby directed to ensure that appropriate signs are erected and maintained giving notice of the speed limits adopted in this ordinance. SECTION 3. This ordinance shall be cumulative of all provisions of ordinances of the City of Kennedale, Texas, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. This ordinance shall not alter the speed limits during designated hours in previously approved school zones within the City. SECTION 4. 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 5. Any person, firm or corporation, who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Hundred Dollars ($200.00) for each offense. Each day that violation is permitted to exist shall constitute a separate offense. SECTION 6. All rights and remedies of the City of Kennedale are expressly saved as to any and all violations of the provisions of the Kennedale City Code or any other ordinances affecting speed limits which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 7. The City Secretary of the City of Kennedale is hereby directed to publish in the official newspaper of the City of Kennedale, the caption, Section 1, penalty clause, publication clause and effective date clause of this as provided by Section 3.10 of the Charter of the City of Kennedale. SECTION 8. 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 AN APPROVED ON THIS 21s' DAY OF MARCH, 2016. APPROVE: Mayor, Brian Johnson ATTEST: City Secretary, Leslie Galloway APPROVED AS TO FORM AND LEGALITY City Attorney, Wayne K. Olson KENNEDALE You're Here,Your Home www.cityofkennedale.com Staff Report to the Honorable Mayor and City Council Date: March 21, 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. 6727 Hudson Village Creek Road Park Land Acquisition 2. Link Street Extension Right-of-Way Acquisitive 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 KENNEDALE You're Here,Your Home www.cityofkennedale.com Staff Report to the Honorable Mayor and City Council Date: March 21, 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: ension Right-of-Way 1. Round-About Damage Claim 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