2017_01.23 CC Packet KENNEDALE
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www.cityofkennedale.com
KENNEDALE CITY COUNCIL AGENDA
REGULAR MEETING
January 23, 2017
CITY HALL COUNCIL CHAMBERS, 405 MUNICIPAL DRIVE
WORK SESSION at 5:30 PM
REGULAR SESSION at 7:00 PM
I. CALL TO ORDER
II. EXECUTIVE SESSION
A. The City Council will meet in closed session pursuant to Section 551.074 of the Texas
Government Code to deliberate the appointment, employment, evaluation, reassignment, duties,
discipline, or dismissal of a public officer or employee.
1. Interview Interim City Manager candidate
2. Discuss contract for City Manager services
III.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 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. Discussion of items on regular agenda
IV. REGULAR SESSION
V. ROLL CALL
VI. INVOCATION
VII. UNITED STATES PLEDGE AND 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 City Council not scheduled on the Agenda may speak
to the Council, provided that an official `Speaker's Request Form'has been completed and submitted to
the City Secretary prior to the start of the meeting. All comments must be directed towards the Mayor
and Council, rather than individual council members or staff. All speakers must limit their comments to
the subject matter as listed on the `Speaker's Request Form.' No formal action or discussion can be
taken on these items.
405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817-985-2100 1 Fax: 817-478-7169
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
1. Recognize Speed Fab Crete for renovations to the Fire Station
C. Updates from the City Manager
1. Response to Jan Joplin Letter
X. MONITORING INFORMATION
A. Monthly Financials- December 2016
B. Executive Limitations
C. Ends Review- Balanced Scorecard
XI. 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 December 19, 2016 regular meeting
B. Consider approval of minutes from January 14, 2017 special work session
C. Approve Schedule of Investment Activity for quarter ending December 31, 2016
D. Consider approval of Resolution 505 calling the General Election for May 6, 2017
E. 2016 Racial Profiling Report from the Police Department.
XII. DECISION ITEMS
A. Case# PZ 17-01 to hold a public hearing and consider approval of Ordinance 620 regarding a
zoning change from "C-1" Restricted commercial district and "R-3" Single family residential district to
"EC-2" Employment District Office and Service district for an approximately 2.54 acre tract located at
5400-5424 High Ridge Rd and 5401-5417 Kennedale St, legal description of Lot 1 R, Block 5, Oak
Crest, Kennedale, Tarrant County, Texas.
1. Staff presentation
2. Public hearing
3. Staff response and summary
4. Action by the City Council
B. Case# PZ 17-02 to hold a public hearing and consider approval of Ordinance 621 regarding an
amendment to the Unified Development Code, as adopted by Ordinance 605, to amend Article 5
Village Districts Section 5.3 Form and Character to add building materials standards; to amend
Article 20 Natural Resource Management Sections 20.4.13 and 20.4.0 to amend tree protection
requirements; and to amend Article 13 Landscaping, Screening, and Lighting Section 13.6.C.3
Privacy Fence to amend regulations on buffering.
1. Staff presentation
2. Public hearing
3. Staff response and summary
4. Action by the City Council
C. Consider approval of bid award and contractor for the 42nd Year Community Development Block
Grant (CDBG) Project for sanitary sewer improvements on Dick Price Road with Tarrant County
Community Development and Housing
D. Consider authorizing the Mayor to sign agreement with the Economic Development Corporation
(EDC) for the Hotel Occupancy Tax Funds
E. Review and consider contract for Animal Control services from North Texas Animal Control
Authority
XIII. EXECUTIVE SESSION
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 legal issues regarding litigation, settlement offers, and/or claims
regarding the following matters:
1. Keith Kidwill vs The City of Kennedale, Texas
2. Waiver of Attorney/Client Privilege
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. 108 New Hope Road
2. 6727 Hudson Village Creek Road
3. 532 Trent Street
The Kennedale City Council will meet in closed session pursuant to Section 551.087 of the Texas
Government Code to deliberate the offer of a financial or other incentive to a business project with
whom the city is conducting economic development negotiations.
1. Discuss a 380 Agreement for Hospitality Project
The City Council will meet in closed session pursuant to Section 551.074 of the Texas Government
Code to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or
dismissal of a public officer or employee.
1. Appoint Interim City Manager
XIV. RECONVENE INTO OPEN SESSION, AND TAKE ACTION NECESSARY PURSUANT TO
EXECUTIVE SESSION, IF NEEDED
XV.ADJOURNMENT
In compliance with the Americans with Disabilities Act, the City of Kennedale will provide for reasonable
accommodations for persons attending City Council meetings. This building is wheelchair accessible, and
parking spaces for disabled citizens are available. Requests for sign interpreter services must be made
forty-eight (48) hours prior to the meetings. Please contact the City Secretary at 817.985.2104 or(TDD)
1.800.735.2989
CERTIFICATION
I certify that a copy of the January 23, 2017, 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.
Z��' azw
Leslie Galloway, Cityc8ecretary
KENNEDALE
You're Here,Your Home
www.cityofkennedale.com Staff Report to the Honorable Mayor and City Council
Date: January 23, 2017
Agenda Item No: WORK SESSION -A.
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: January 23, 2017
Agenda Item No: REPORTS/ANNOUNCEMENTS -A.
I. Subject:
Updates from City Council
II. Originated by:
City Council, City Council
III. Summary:
Updates and information from Council members .
IV. Fiscal Impact Summary:
V. Legal Impact:
VI. Recommendation:
None
VII.Alternative Actions:
VIII.Attachments:
405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817-985-2100 1 Fax: 817-478-7169
KENNEDALE
You're Here,Your Home
www.cityofkennedale.com Staff Report to the Honorable Mayor and City Council
Date: January 23, 2017
Agenda Item No: REPORTS/ANNOUNCEMENTS - B.
I. Subject:
Updates from the Mayor
1. Recognize Speed Fab Crete for renovations to the Fire Station
II. Originated by:
III. Summary:
Updates and information from the Mayor.
IV. Fiscal Impact Summary:
V. Legal Impact:
VI. Recommendation:
VII.Alternative Actions:
VIII.Attachments:
405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817-985-2100 1 Fax: 817-478-7169
KENNEDALE
You're Here,Your Home
www.cityofkennedale.com Staff Report to the Honorable Mayor and City Council
Date: January 23, 2017
Agenda Item No: REPORTS/ANNOUNCEMENTS - C.
I. Subject:
Updates from the City Manager
1. Response to Jan Joplin Letter
II. Originated by:
Bob Hart
III. Summary:
Updates and information from City Manager, if any.
IV. Fiscal Impact Summary:
V. Legal Impact:
VI. Recommendation:
VII.Alternative Actions:
VIII.Attachments:
405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817-985-2100 1 Fax: 817-478-7169
KENNEDALE
You're Here,Your Home
www.cityofkennedale.com Staff Report to the Honorable Mayor and City Council
Date: January 23, 2017
Agenda Item No: MONITORING INFORMATION -A.
I. Subject:
Monthly Financials- December 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. December Monthly Financials 016_12 Monthly Financials. df
405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817-985-2100 1 Fax: 817-478-7169
CITY OF KENNEDALE
ANNUAL PROGRAM OF SERVICES
DECEMBER
FUND 99 CASH BALANCES
1201 GENERAL FUND 2,051,194
1202 DEBT SERVICE 677,071
1204 CAPITAL PROJ-ST CONSTRUCTION 45,207
1205 VEHICLE FUND 285,085
1207 STORM DRAINAGE UTILITY FUND 144,365
1210 WATER AND SEWER FUND 370,519
1212 COURT SECURITY FUND 11,202
1213 CIP FUND - 1998 CO -
1214 PARK DEDICATION FUND 195,739
1215 ECO DEV CORPORATION 27,385
1216 COURT TECHNOLOGY FUND 4,027
1217 STREETS IMPROVEMENT FUND 216,546
1218 JUVENILE CASE MANAGER FUND 24,043
1221 KENNEDALE TIFF#1 FUND 61,979
1231 POLICE SEIZURE FUND 0
1232 LIBRARY BUILDING FUND 12,495
1234 LEOSE FUND -
1241 DONATION FUND 14,750
1245 ROADWAY IMPACT FEE FUND 71,475
1261 WATER IMPACT FEE FUND 129,428
1262 SEWER IMPACT FEE FUND 104,909
1283 TREE REFORESTATION FUND 67,923
1285 UNCLAIMED PROPERTY FUND 1,990
1295 EDC FIXED ASSET/RESERVE 120,183
"YOU'RE HERE. YOUR HOME."
CITY OF KENNEDALE
ANNUAL PROGRAM OF SERVICES
DECEMBER
REVENUE SUMMARY BY FUND
FY15-16 FY15-16 FY16-17 CURRENT FY16-17 CY-PY %OFPYBUDGET %OFCYBUDGET BUDGET
REVENUES YTD ACTUAL AMENDED MONTH YTD CHANGE EARNED EARNED REMAINING
GENERAL FUND 2,119,916 6,360,884 6,201,45-, 6,201,455 1,951,117 2,418,900 (54,789) 33.9% 39.0% (169,169)
OTHER GENERAL FUNDS 170,087 1,563,733 1,656,382 1,656,386 130,711 214,240 512,417 #DIV/0! 12.9%
GENERAL FUND 2,290,004 7,924,617 7,857,837 7,857,841 2,081,829 2,633,140 457,628 30.9% 33.5% (52,563)
GENERAL DEBTSERVICE FUND 35,959 3,947,920 1,370,311 230,820 - 34,909 43,928 2.6% 2.5% 40,351
WATER/SEWER FUND 791,831 6,089,196 4,991,835 4,991,835 334,128 1,068,028 589,602 18.0% 21.4% 1,271,152
STORMWATER UTILITY FUND 51,948 242,743 491,826 315,826 21,455 64,513 244,001 21.0% 13.1% (2,178)
WATER IMPACT FUND 25,479 186,468 68,658 68,658 18 9,848 (96,382) 15.4% 14.3% (49,885)
SEWER IMPACT FUND 5,192 58,300 28,315 28,315 15 45 (21,687) 10.4% 0.2% (43,551)
WATER/SEWERFUND 874,449 6,576,708 5,580,634 5,404,634 355,616 1,142,434 715,534 18.01yo 20.5% 1,175,538
EDC413 FUND 90,480 627,660 933,227 933,227 42,200 91,135 283,373 13.9% 9.8% 263,733
CAPITAL FUND 18,499 860,654 124,020 124,020 7,308 8,352 (725,514) 2.2% 6.7% 284,598
SPECIAL REVENUE FUND 1,251 300,090 151,223 - 91,089 - (185,578) 0.4% 0.0% (210,607)
TOTAL REVENUES $ 3,310,642 $20,237,649 $ i i
EXPENDITURE SUMMARY BY FUND
FY15-16 FY15-16 FY16-17 FY16-17 CURRENT FY16-17 CV-PY %OFPYBUDGET %OFCYBUDGET BUDGET
EXPENDITURES YTD ACTUAL ADOPTED AMENDED MONTH YTD CHANGE EXPENSED EXPENSED REMAINING
GENERAL FUND 1,378,703 5,949,935 6,489,307 6,489,307 432,790 896,829 308,000 22.3% 13.8% 187,884
CAPITAL REPLACEMENT FUND 616 109,462 673,316 673,316 43,964 89,767 562,641 0.6% 13.3% 58,373
COURT SECURITY FUND 550 2,606 1,152 1,152 - - (406) 35.3% 0.0% (472)
COURT TECHNOLOGY FUND 5,066 3,096 5,555 5,555 8,295 8,295 (10,531) 31.5% 149.3% 4,693
STREET IMPROVEMENT FUND 235,240 1,240,349 1,194,893 1,194,893 75,626 171,746 (583,391) 13.2% 14.4% (190,056)
JUVENILE CASE MANAGER FUND 4,791 11,200 12,680 12,680 898 2,472 1,328 42.2% 19.5% 127
PARK REC/OTHER DONATION FUND - - 24,791 24,791 25,296 25,296 24,791 0.0% 102.0% -
TREE REFORESTATION FUND - - - - - 0.0% 0.0%
UNCLAIMED PROPERTY FUND - - - - - - - 0.0% 0.0% -
GENERAL FUND 1,624,965 7,316,648 8,401,694 8,401,694 586,870 1,194,404 302,432 20.1% 14.2% 60,549
GENERAL DEBTSERVICE FUND 35,959 5,079,006 1,385,227 1,385,227 - 34,909 21,360 2.6% 2.5% 5,393
WATER/SEWER FUND 890,920 4,390,432 4,829,775 4,527,925 285,451 758,732 248,373 19.4% 15.7% 1,604,251
STORMWATER UTILITY FUND 22,997 129,689 571,157 571,157 11,620 17,295 381,950 12.2% 3.0% 98,318
WATER IMPACT FUND - 171,200 154,415 154,415 - - (16,785) 0.0% 0.0% -
SEWER IMPACT FUND - - 60,000 60,000 - - 60,000 0.0% 0.0% -
WATER/SEWER FUND 913,916 4,691,321 5,615,347 5,313,497 297,071 776,028 673,538 18.5% 13.8% 1,702,570
EDC413 FUND 126,951 718,004 803,880 803,880 26,799 135,499 57,483 17.0% 16.9% (1,464)
CAPITAL FUND 144,242 833,910 216,239 216,239 - 83,630 (664,005) 16.4% 38.7% 411,662
SPECIAL REVENUE FUND 12,703 254,518 151,222 21,651 21,651 - (185,545) 3.8% 0.0% (215,895)
EXPENDITURES TOTAL
"YOU'RE HERE.YOUR HOME."
CITY OF KENNEDALE
ANNUAL PROGRAM OF SERVICES
DECEMBER
EXPENDITURE SUMMARY BY DEPARTMENT
FY15-16 FY15-16 FY16-17 FY16-17 CURRENT FY16-17 CY-PY %OFPYBUDGET %OFCYBUDGET BUDGET
GENERAL FUND YTD ACTUAL ADOPTED AMENDED MONTH YTD CHANGE EXPENSED EXPENSED REMAINING
CITY MANAGER 65,561 291,243 283,123 283,123 23,160 62,262 (10,455) 22.3% 22.0% 220,861
MAYOR/CITY COUNCIL 11,377 94,108 140,157 140,157 8,231 14,905 51,481 12.8% 10.6% 125,252
CITY SECRETARY 27,768 136,655 160,328 160,328 16,024 29,841 13,166 18.9% 18.6% 130,487
MUNICIPALCOURT 22,568 121,408 121,230 121,230 8,180 23,887 (5,456) 17.8% 19.7% 97,343
HUMAN RESOURCES 25,764 119,141 122,616 122,616 8,298 33,357 (1,948) 20.7% 27.2% 89,259
FINANCE 64,445 312,129 296,688 296,688 15,061 54,416 (27,243) 19.9% 18.3% 242,273
POLICE 493,353 2,093,230 2,381,270 2,381,270 146,731 28,856 163,126 0.0% 1.2% 2,352,414
FIRE 371,657 1,692,949 1,826,031 1,826,031 145,835 362,649 107,917 21.6% 19.9% 1,463,382
COMMUNITY DEVELOPMENT 82,307 409,154 332,442 332,442 22,207 64,120 (107,038) 18.7% 19.3% 268,322
SENIOR CITIZEN CENTER 10,437 48,148 54,612 54,612 5,926 10,857 535 19.3% 19.9% 43,755
LIBRARY 54,521 251,830 259,591 259,591 19,434 55,787 5,468 21.5% 21.5% 203,804
NONDEPARTMENTAL 148,947 379,941 511,218 511,218 13,705 155,894 118,447 37.9% 30.5% 355,324
TOTAL EXPENDITURES $1,378,703 $5,949,935 $6,489,307 $6,489,307 $ 432,790 $896,829 $ 308,000 22.3% 13.8% $ 5,592,477
FY15-16 FY15-16 FY16-17 FY16-17 CURRENT FY16-17 CY-PY %OFPYBUDGET %OFCYBUDGET BUDGET
WATER/SEWERFUND YTD ACTUAL ADOPTED AMENDED MONTH YTD CHANGE EXPENSED EXPENSED REMAINING
UTILITY BILLING 93,603 1,210,463 1,704,198 1,704,198 116,111 140,968 360,423 7.0% 8.3% 1,563,230
WATER OPERATIONS 413,439 1,149,906 1,477,946 1,477,946 113,426 246,551 (242,336) 24.0% 16.7% 1,231,395
DEBT 152,813 170,941 511,309 511,309 - 152,813 5,837 30.2% 29.9% 358,496
CAPITAL - - 301,850 301,850 17,385 17,385 301,850 0.0% 5.8% 284,465
NONDEPARTMENTAL 231,065 1,859,122 834,472 55,914 218,400 (177,401) 22.8% 26.2% 616,071
TOTAL EXPENDITURES $ 890,920 $4,390,432 $4,829,775 $ 302,837 $ 776,118 $ 248,373 19.4% 16.1% $ 92,426
FY15-16 FY15-16 FY16-17 CURRENT FY16-17 CY-PY %OFPYBUDGET %OFCYBUDGET BUDGET
STREET IMPROVEMENT FUND YTD ACTUAL AMENDED MONTH YTD CHANGE EXPENSED EXPENSED REMAINING
STREETS 204,133 1,116,146 712,452 - 150,465 (925,831) 12.5% 21.1% 561,987
PARKS MAINTENANCE 31,107 124,202 116,409 5,775 21,281 (23,591) 22.2% 18.3% 95,128
CAPITAL - - 366,032 6,972 279,573 366,032 0.0% 76.4% 86,459
TOTAL EXPENDITURES $ 235,240 $1,240,349 $1,194,893 $ 12,747 $451,319 $ (583,391) 13.2% 37.8% $ 51,690
FY15-16 FY15-16 FY16-17 FY16-17 CURRENT FY16-17 CY-PY %OFPYBUDGET %OFCYBUDGET BUDGET
EDC4BFUNDS YTD ACTUAL ADOPTED AMENDED MONTH YTD CHANGE EXPENSED EXPENSED REMAINING
ADMINISTRATION 29,738 335,951 270,167 270,167 20,145 41,475 93,701 8.9% 15.4% 228,692
DEBT SERVICE 85,050 318,692 323,419 323,419 4,573 77,953 3,526 26.6% 24.1% 245,466
TOWN SHOPPING CENTER 12,163 44,622 120,295 120,295 2,081 16,072 69,811 24.1% 13.4% 104,224
TOWNCENTER REDEVELOPMENT - - 90,000 90,000 - - - 0.0% 0.0% 90,000
TX LEVERAGE - 18,739 - - - - (50,000) 0.0% 0.0% -
TOTAL EXPENDITURES $ 126,951 $ 718,004 $ 803,880 $ 26,799 $ 135,499 $ 117,038 17.6% 16.9% $ 8,090
"YOU'RE HERE.YOUR HOME."
KENNEDALE
You're Here,Your Home
www.cityofkennedale.com Staff Report to the Honorable Mayor and City Council
Date: January 23, 2017
Agenda Item No: MONITORING INFORMATION - B.
I. Subject:
Executive Limitations
II. Originated by:
III. Summary:
Reports are attached for review.
IV. Fiscal Impact Summary:
V. Legal Impact:
VI. Recommendation:
VII.Alternative Actions:
VIII.Attachments:
1. Executive Limitations lExecutive Limitations 01.2017. df
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.
Operations are in compliance with the global constraint policy. The recent bond rating upgrade by S&P to
"AA-" from"A+"is reflective of the quality work in place.
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.
The city backs up files on a daily basis. In order to avoid more common hacking attempts,limitations have
been placed on what websites can be accessed.
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 handbook. City operations are in compliance with
the treatment of staffpolicy. Kelly Cooper works well with staff to ensure polices are followed. Succession
planning is underway for public works and police.
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.
A project list has been prepared to assist staff and council in the transition period. I will also be available to
answer questions following my departure. Kelly Cooper is the most informed of staffinembers. Rachel Roberts
and Dennis Brown are working closelywithmeonVillageCieek. The upcoming strategic plan will help in overall
coordination. Krystal Crump is providing excellent support insofar as city finances are concerned. 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: January 23, 2017
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. December 2016 Balanced Scorecard IDecernber 2016 Balanced Scorecard Ma . df
405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817-985-2100 1 Fax: 817-478-7169
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KENNEDALE
You're Here,Your Home
www.cityofkennedale.com Staff Report to the Honorable Mayor and City Council
Date: January 23, 2017
Agenda Item No: REQUIRED APPROVAL ITEMS (CONSENT) -A.
I. Subject:
Consider approval of minutes from December 19, 2016 regular meeting
II. Originated by:
III. Summary:
Please see the attached minutes for your approval.
IV. Fiscal Impact Summary:
V. Legal Impact:
VI. Recommendation:
Approve
VII.Alternative Actions:
VIII.Attachments:
Fl----Fc—itY Council Meeting Minutes - December 19, 2016 12-19-16. df
405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817-985-2100 1 Fax: 817-478-7169
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KENNEDALE
You're Here,Your Home
www.cityofkennedale.com KENNEDALE CITY COUNCIL
MINUTES
REGULAR MEETING
December 19, 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 5:28 p.m.
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. Discuss Strategic Plan
City Manager Bob Hart stated that in the budget, one of the established priorities was to redo
the strategic plan; adding that the last plan was completed in 2009, called "Imagine Kennedale
2015." He stated that the new plan would extend out to the year 2025. Staff has been talking
with Shai Roos and Brian Guenzel from SJR Planning in regard to facilitating the process. Bob
added that when we did the last plan, we had a good start, broke off into committees, but
participation dwindled. This time, we would like to change the process a bit and hopefully, it will
help us with participation and move the process along.
Brian Guenzel from SJR Planning stated that with a strategic plan, we ask where the community
wants to go; how do we get there; and how do we know when we get there? He added that
public engagement is the heart of the plan. We want to make sure to engage cross sections of
the community, because we want their ideas on creating the plan and executing it. He
continued, stating that there are three phases to the plan. First is the research phase, where
SJR Planning reviews previous plans, community snapshot (economic & demographic
information), and identifies future trends. This leads us into the public engagement phase of the
plan, where we will do two key events: a strategic foresight laboratory and a design thinking
focus group. This will all lead to the deliverable: Vision for Kennedale 2025 and Strategic Plan.
Mr. Guenzel concluded with an overview of the principles and design-thinking process to be
used for the Kennedale plan, along with a timeline and delivery dates.
B. Discuss Texas Raceway operations
City Manager Bob Hart informed Council that we have had some informal discussion with Texas
Raceway regarding a request to allow them to continue to race one day per month until
405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817-985-2100 1 Fax: 817-478-7169
Kennedale Speedway Park closes. He reminded Council that at their last meeting, a two-year
extension to the developer agreement was approved. He adds that if Council is amenable to this
change, staff would come back at the January meeting with an amendment to the agreement.
Mayor Johnson stated that he doesn't have any problem with the once a month change, but he
would like feedback from the rest of Council. Kelly Turner stated that he does not have a
problem with the change and feels it encourages goodwill, even though things haven't moved as
quickly as we had hoped. Liz Carrington was in agreement. Charles Overstreet agreed that one
day a month would not affect us either way. Mike Walker also agreed. There was no comment
from Frank Fernandez.
Bob Hart stated that he would get with City Attorney Wayne Olson to amend the agreement and
have it ready at the January meeting.
C. Discuss purposed mixed use development
City Manager Bob Hart stated that last spring; there was some discussion about a mixed use
development at Sublett Road and Kennedale Parkway. At that time, the developers asked for a
Resolution of Support, but it was tabled by Council. Many of the concerns were addressed
through the Unified Development Code (UDC), and staff wanted to bring this back to show the
adaptations made and to see if Council was interested in proceeding with this issue. If we are to
proceed, it would be added to the January/February council meeting.
City Planner Rachel Roberts added that we now have on the books, in the UDC, this area in
question, designated as an Urban Village; it is not zoned yet, however, that is the direction it
would go, should a rezoning occur. She stated that OM Housing will provide an updated
presentation tonight; based on the work they have done since the adoption of the UDC.
Jason Lain, Acquisitions Director for OM Housing thanked Council for revisiting the Village at
Hammack Creek, a mixed use development at the corner of Sublett Road and Kennedale
Parkway. He provided a brief introduction of their company; adding that they are proposing a
$40,000,000 mixed-use development that would have apartment homes, as well as, retail and
office space. He emphasized that they are not asking for any type credit on fees or variances
from the City; that this project will enhance the City's tax base; and that OM Housing will built
everything to LEED standards and certifications. He added that they are going to go for a HUD
221 D4 housing credit financing option. This allows them to increase their base so that they can
bring in high-end finishes and extend the infrastructure. Continuing, he added that there is one
huge misconception that the housing credit is public housing. This is in no way public housing;
rent is charged, non-payment results in eviction, and there is an extremely stringent application
process. He added that this program was set up by Ronald Reagan in the 80s, and is a
conservative approach to spur economic development in an area.
He stated that the urban village concept was approved in the UDC and this project is in line with
that. OM Housing envisions this development as being pedestrian and bike friendly, much more
accessible by foot. Additionally, it will create 150 construction jobs during the duration of the
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build, and 50+ permanent jobs with the retail and office space. He provided the stats on the site,
noting that they have redone the plans, and the new design integrates all the Urban
Village components. He request that Council consider issuing a Resolution of Support by March
1, 2017.
Property Owner, Jason Doskocil and OM Hosing CEO, Deepak Sulakhe was available to
answer questions from Council. There was extended conversation with Council regarding
various concerns. Mayor Johnson stated that this is a huge process, and OM Housing is
requesting a Resolution of support by March; however, Council is asking residents for input on a
strategic plan in April/May. He added that this could be a hot-button issue if there is not
community support and without community support, it will fail. Mr. Deepak noted that the whole
basis of the project is to have a public-private partnership, OM Housing is willing to give a letter
indemnifying the city if this turns out not to be what the residents want.
D. Discuss vehicle lease program
City Manager Bob Hart stated that when we put the budget together this year, we were looking
at doing a traditional capital lease program for vehicle replacement. Staff has been working
with Enterprise Fleet Management on the financing of vehicles in a more holistic manner. He
noted that for a long time, we have tried to internally fund vehicles, which has been a struggle.
Historically, Bob has always looked at maintenance cost, and once those costs get too high,
then we replace the vehicle. Bob stated that staff recommends using this program instead of the
Capital Lease program that was listed in the budget.
Senior Account Executive with Enterprise Fleet Maintenance Jennifer Bertram stated that they
are working with many cities in Texas, and most are doing the same as Kennedale, running
vehicles for 10-15 years. Her job is to look at the lowest cost of ownership and replace vehicles
sooner; while lowering operating expense, staying in budget, and maximizing resale value. She
noted that, about 45% of Kennedale's fleet is 8 years or older, and 23% is 10 years or older.
These typically have higher maintenance, lower fuel quality, and increased downtime. She
added that the total savings during a 10-year period would be approximately $227, 473, with an
annual cash flow savings of approximately $30,000. Enterprise proposes an open-end lease,
noting that we currently have an RFP that just got reapproved through TIPS.
Billy Dobosz from Enterprise stated that Kennedale's annual maintenance program has a C+
rating. He provided an overview of the provisions of their program; handouts were provided.
There was some discussion with Council regarding the advantages and disadvantages of the
program.
E. Discussion of items on regular agenda
No items were discussed at this time.
III. REGULAR SESSION
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Mayor Johnson opened the regular session at 7:01 p.m.
IV. ROLL CALL
Present: Frank Fernandez, Brian Johnson , Kelly Turner, Liz Carrington, Charles Overstreet,
Michael Walker
Absent: None
V. INVOCATION
Pastor Greg Adams from Covenant Life Baptist Church provided the invocation.
VI. UNITED STATES PLEDGE AND TEXAS PLEDGE
VII. VISITOR/CITIZENS FORUM
Jan Joplin, 204 Hilltop Drive stated that there were many in attendance in support of what she
has to say, and she requested that they stand to be recognized. She stated that eight months ago
she was a regular citizen, and as citizens, we are not all involved in city affairs, but all deserve the
same respect. She stated that after some research, there are concerns if the City has checks-and-
balances in place. Her concerns started in February/March when she read an article from the
Mayor stating that water bills were going up approximately $35, but hers was actually $50. She
noted that this increase puts an undue burden on many in the community and the ISD is paying
$10,000 per month for water. She continued, stating that a group of residents put together a
petition, which resulted in another water committee. We, the citizens do not feel we were taken
seriously. The repeal and decrease in the water rate resulted in just over $4.00 for those of us with
a 3/4" meter. She thanked Council for choosing Cathy Brown to serve on the Committee.
Tom Newsom, 303 Pennsylvania Avenue stated that Cathy Brown was treated disrespectfully by
the Committee Chair and mocked by the Financial Director. She was eventually told she was
outside the parameters of the Committee, and that the Committee would speak with one voice.
Cathy came up with several options, and lists of questions were sent to the Finance
Director; however, the City Manager took over at this point. The City Manager's answer was that
the information was not readily available; it would take too much time to compile; it would be
difficult to get; we have already reviewed this; etc.... Cathy Brown resigned from the Committee the
day before the recommendations were presented to Council because she did not want her name
associated with the recommendations. She came up with good options and hopefully some of her
recommendations will be looked at soon. Jan Joplin has looked into the Village Creek emergency
repairs, the closing of the SOBs, and the expected expense to close the race tracks and salvage
yards. The City of Kennedale does not use project codes, so it is difficult to track expenses.
Gayle Uranga, 904 Bell Oak Drive stated that since July more than 50 reports and documents have
been requested and reviewed by Jan Joplin. She quoted from a report in the Kennedale News
dated June 2016, and then from an article from the City dated August 8, 2016, titled Water Rates
and an Update on the Petition. She praised the Public Works Director.
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Cliff Uranga, 904 Bell Oaks Drive read from the February 16, 2015 City Council Meeting, Agenda
Item F. "Consider authorizing the emergency sewer line repairs near Briar Court and along Village
Creek", which explained the needed repairs. Additionally, he provided a summary and timeline of
the Village Creek emergency pipe project. He added that it was stated in the City article that the
replacement of the pipes was for Master Plan purposes rather than repairing the pipes. There were
no documented engineer recommendations for repair compared to replacement or any change
order to the original approval. He requested an explanation, stating that they would like an answer
to the discrepancies tonight, but if Council chooses not to answer tonight, then at the January City
Council meeting.
Jadey James, 1007 Oak Ridge Court stated that Briar Court was part of the emergency repairs
and was repaired for $54,215. He questioned if this pipe was repaired in February, why wasn't
Village Creek? And, if it was such an environmental threat what was the hold up? There are other
questions and concerns regarding the amount the city has charged and transferred to and from the
water fund when we were specifically told that water funds do not move to other funds. He
requested the account plan on how the TIRZ will repay the water fund, especially with the lack of
closure of the racetracks. He stated that it is clear that the water fund is funding many other
projects. Again, answers were request for tonight.
Jan Joplin, 204 Hilltop Drive spoke again and highly suggests an outside forensic audit to get to the
bottom of City finances, specifically the EDC, MDM, and TownCenter Development District. She
stated that Kennedale has a major problem, and it is not with our water contracts or
infrastructure. She noted that citizens are not opposed to growth; but are opposed to growth that
the budget cannot sustain. Concluding, we want to know where the money from the water fund
went, and can we get it back. Again, she requested answers tonight.
Mayor Johnson reminded everyone that this is a citizen's forum and they cannot respond tonight.
He added that they will have a response by the next meeting.
Larry Atkins, 619 Averett Road expressed his concern with how the City is being managed and the
direction Council is taking. He stated that it makes no sense why residents with a larger pipe pay
more for the same water. He voiced his concerns over the cost to remove the bar at business 287
and I-20; along with the treatment of existing businesses that were here to support the town when
nothing else was here. He is here in support of the racetracks and feels they are the best asset that
Kennedale has.
Harvey Dela Rosa, 904 Shady Oak Drive stated that he is currently remodeling his home, and has
been working with Building Inspector, Sandra Johnson. He stated that she wants to tear his house
down, adding that he was supposed to be done with the remodel by the end of the year, but he is
not. He informed Council that he has spent about $20,000, all with permits of course, and is
requesting a little more time to finish his home.
Bob Hart stated that he was under the Board of Adjustment (BOA) and would have to return to the
Board. City Attorney, Wayne Olson stated that the BOA is the board that reviews your case
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and you have to abide by that ruling. City Council has no standing to rule on this. Adding that
he can abide by the order of the Board of Appeal, or take it to a district court in Tarrant County.
Hollis Matthews, 1252 Elmbrook Drive asked that we all reason together. He has talked with
several citizens about the water issue and has done some investigating. He found that many
people are dissatisfied in Kennedale about water and the amount of NSF checks being bounced
back through the water department. He believes there are some remedies, and ask Council
to put the wobble disc meters on five to ten homes where they are having major problems. He
stated that we changed out the meters once because they were worn out; then again because
there was a software problem. There is still a problem, indicating that there's a software glitch in
the system. He added that many people getting NSF checks have the funds in their accounts. He
stated that there is a problem and requested Council to check into it.
Rockie Gilley, 1020 S. Dick Price Road stated he was there to speak on transparency in city
government. Noting, that last July, a 20-point Economic Development Corporation (EDC) plan was
tentatively scheduled for public hearing in September. This is after months of complaints from
residents of Kennedale about being kept in the dark. As far as he knows, the hearing never
occurred. He added that by ordinance the EDC is limited to a half percent of sales tax revenue
from the 4B sales tax collected throughout Kennedale. We, the citizens want to ensure that this
ordinance is being followed when funding EDC projects. He stated that he was asking for
openness; so, when something like the 20-point plan is coming up, let us know about it. He added
that if you are proud of what the EDC is doing, you should publicize it. We all know when you're
having Bark in the Park, we should also know when something is being done that costs millions of
dollars.
Roy Boenig, 1020 Kennedale Sublett Road stated that he has lived here 30 years and his issue is
based on P&Z and Council meetings from 2013, He stated that he was under the impression that
he would have a stockade fence between his property and the Vineyards. P&Z actually made a
motion for masonry or precast fence to be put up around the subdivision before houses were ever
built. Council decided that the perimeter along Mansfield Cardinal Road should be landscape berm;
but, they also said the fences had to have metal fence posts. He stated that he received an email
from Larry Hoover in November, saying that he could not find any minutes that talked about the
fence. However, Mr. Boenig found the information in the minutes, and provided a handout to
Council which listed a timeline and a copy of an email sent to the City Manager. He requested that
Council read his notes and was hopeful they could resolve the issue. In closing, he stated that until
two weeks ago, he was under the impression that there was going to be a fence between the
properties.
VIII. REPORTS/ANNOUNCEMENTS
A. Updates from City Council
Charles Overstreet stated that he and the Mayor attended the Methodist Hospital 10th
Anniversary Celebration in Mansfield, and participated in the Salvation Army bell ringing.
Liz Carrington stated that she attended two meetings for the JPS Steering Committee.
Page 6of9
Additionally, she and her son helped raise money for the Salvation Army.
B. Updates from the Mayor
Mayor Johnson stated that he judged the gingerbread house competition at the Library on
December 3; noting that this was the first year for the competition and the Library hopes to
include adults next year. He stated that he attended the Mayors Council meeting; noting that his
attendance at these meetings keeps Kennedale eligible for the CDBG grants. He added that
there was a nice turnout for the Christmas Tree Lighting held on December 6.
Additional meetings and events included the Tarrant Regional Transportation Coalition (TRTC)
meeting, regarding the 120/287/820 flyover; the Six Stones Organization meeting, a volunteer
group that helps to bring houses up to code; an Art Show with TCC students; he performed in a
play at First Baptist Church; emceed a Talent Show at James A. Arthur Elementary; attended
the Mansfield Methodist Hospital's 10th Anniversary Celebration; and participated in the bell
ringing for Salvation Army. In closing, Mayor Johnson informed the group that he was appointed
to the National League of Cities Transportation and Infrastructure Board.
C. Updates from the City Manager
There were no updates from the City Manager at this time.
IX. MONITORING INFORMATION
A. Monthly Financials - November 2016
B. Executive Limitations
C. Ends Review - Balanced Scorecard
Monitoring information updates are in the agenda packet for review.
X. REQUIRED APPROVAL ITEMS (CONSENT)
A. Consider approval of minutes from November 21, 2016 regular meeting
B. Consider approval to participate in TIPS/TAPS Purchasing Program
C. Consider approval of the 2017 Interlocal Agreement for Rabies Control with the City of Fort
Worth
D. Consider a Resolution 504 approving the appointment of two police reserve officers.
Motion To approve all required approval Items on (Consent) agenda. Action Approve, Moved
By Michael Walker, Seconded By Charles Overstreet.
Page 7of9
Motion passed Unanimously
XI. DECISION ITEMS
A. CASE # PZ 16-16 to hold a public hearing and consider approval of Ordinance 619
regarding an amendment to the Unified Development Code, as adopted by Ordinance 605, to
amend the schedule of uses in Article 7, Employment Center Districts, to allow hotel / motel as
a permitted use in the Employment District Office and Service (EC-2) district and the following
uses with a conditional use permit in Employment Center Commercial (EC-1) and Employment
District Office and Service (EC-2) districts: Restaurant with drive-through; Wind energy turbine;
Solar energy equipment; General office and services, bank/financial services with drive-
through; General offices and services- with a drive-through; Vehicle repair, minor; Vehicle sales
and rental: automobiles, light trucks, boats, and to amend Article 22 Review Procedure and
Requirements by eliminating Section 22.9.C.2.b., and to amend Article 26 Subdivision Review,
Section 26.13 Construction Plans and Installation of Improvements.
1. Staff presentation
2. Public hearing
3. Staff response and summary
4. Action by the City Council
City Planner Rachel Roberts provided the staff presentation stating that the Employment Center
District regulations and the Old Town regulations were recently adopted, and staff has not seen
any problems with those regulations. She added that those regulations were all folded into the
Unified Development Code (UDC), which was adopted a few months ago. Continuing, she
stated that as staff became more familiar with the UDC, we noticed that there were some
conflicts between the regulations and the UDC.
Rachel reviewed two versions of recommendations. Those made by staff and those made by the
Planning and Zoning Board.
Public Hearing:
Mayor Johnson opened the public hearing; there was no one present requesting to speak.
Mayor Johnson closed the public hearing.
Mayor Johnson provided a brief history of the backdrop regarding the Oak Crest area and
the SOBs. He noted that businesses did not want to come into the city because of those SOBs.
There were additional discussions regarding the proposed recommendations.
Motion To approve Ordinance 619 amending the Unified Development Code as recommended
by city staff. Action Approve, Moved By Kelly Turner, Seconded By Charles Overstreet.
Motion passed Unanimously
B. Consider approval of contracts with Enterprise Fleet Management, Inc. for citywide fleet
maintenance
Page 8of9
City Manager Bob Hart stated that this item was discussed during the work session. He added
that this is an element of the budget for fleet maintenance and will be a much more cost-
effective way to move forward.
City Attorney Wayne Olson stated that he had not yet reviewed the contracts, and requested
that the motion be subject to his review.
Motion To approve a contract with Enterprise Fleet Maintenance, Inc. for Citywide fleet
maintenance, pending City Attorney's review and approval. Action Approve, Moved By Charles
Overstreet, Seconded By Kelly Turner.
Motion passed Unanimously
XII. EXECUTIVE SESSION
Mayor Johnson recessed into executive session at 8:19 p.m.
XIII. RECONVENE INTO OPEN SESSION, AND TAKE ACTION NECESSARY PURSUANT TO
EXECUTIVE SESSION, IF NEEDED
Mayor Johnson reconvened into open session at 9:06 p.m.
No action required.
XIV. ADJOURNMENT
Mayor Johnson reminded everyone that the January Council meeting would be held on January
23, 2017, instead of the 16th because of the Martin Luther King Holiday.
Motion To adjourn. Action Adjourn, Moved By Liz Carrington, Seconded By Kelly Turner.
Motion passed Unanimously
The meeting was adjourned at 9:08 p.m.
APPROVED: ATTEST:
Brian Johnson, Mayor Leslie Galloway, City Secretary
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KENNEDALE
You're Here,Your Home
www.cityofkennedale.com Staff Report to the Honorable Mayor and City Council
Date: January 23, 2017
Agenda Item No: REQUIRED APPROVAL ITEMS (CONSENT) - B.
I. Subject:
Consider approval of minutes from January 14, 2017 special work session
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 Work Session Meeting Minutes -January 14, 2017 1-14-17 Work Session. 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
January 14, 2017
CITY HALL COUNCIL CHAMBERS, 405 MUNICIPAL DRIVE
WORK SESSION — 10:00 AM
I. CALL TO ORDER
Mayor Johnson called the meeting to order at 10:04 a.m.
II. ROLL CALL
Present: Frank Fernandez, Brian Johnson , Charles Overstreet, Michael Walker
Absent: Liz Carrington, Kelly Turner
Staff Present: : Bob Hart, Kelly Cooper, Leslie Galloway, Rachel Roberts, Tommy Williams, Larry
Hoover, Larry Ledbetter, Krystal Krump, City Attorney Wayne Olson, and Chamber Executive
Director Jack Thompson
III. WORK SESSION
A. Review Project List
City Manager provided Council and city staff with the current status on all on going and pending
projects.
IV. EXECUTIVE SESSION
Mayor Johnson recessed into executive session at 12:30 p.m.
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. 108 New Hope Road
2. 6727 Hudson Village Creek Road
3. 532 Trent Street
4. 503 Kennedale Parkway
5. 1001 Oak Crest Drive East
6. 4100 New Hope Road
7. 3925 New Hope Road
The Kennedale City Council will meet in closed session pursuant to Section 551.087 of the
405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817-985-2100 1 Fax: 817-478-7169
Texas Government Code to deliberate the offer of a financial or other incentive to a business
project with whom the city is conducting economic development negotiations.
1. Discuss a 380 Agreement for Hospitality Project
The City Council will meet in closed session pursuant to Section 551.074 of the Texas
Government Code to deliberate the appointment, employment, evaluation, reassignment,
duties, discipline, or dismissal of a public officer or employee.
1. Review the selection criteria and process and Interim City Manager
V. RECONVENE INTO OPEN SESSION, AND TAKE ACTION NECESSARY PURSUANT TO
EXECUTIVE SESSION, IF NEEDED
Mayor Johnson reconvened into open session at 1:06 p.m.
No action was taken.
VI. ADJOURNMENT
Motion To adjourn. Action Adjourn, Moved By Charles Overstreet, Seconded By Frank
Fernandez.
Motion passed Unanimously
The meeting was adjourned at 1:15 p.m.
APPROVED: ATTEST:
Brian Johnson, Mayor Leslie Galloway, City Secretary
Page 2of2
KENNEDALE
You're Here,Your Home
www.cityofkennedale.com Staff Report to the Honorable Mayor and City Council
Date: January 23, 2017
Agenda Item No: REQUIRED APPROVAL ITEMS (CONSENT) - C.
I. Subject:
Approve Schedule of Investment Activity for quarter ending December 31, 2016
II. Originated by:
III. Summary:
In accordance with Public Funds Investment Act (PFIA), the investments should be reported quarterly.
This is for the first quarter for FY 17 and subsequently will be presented for each quarter to Council to
stay current with PFIA.
IV. Fiscal Impact Summary:
V. Legal Impact:
VI. Recommendation:
Approve
VII.Alternative Actions:
VIII.Attachments:
1. December 31, 2016 Qtr Investment Report IDecember 30 2016 Qtrly Investment Re ort. df
405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817-985-2100 1 Fax: 817-478-7169
City of Kennedale, Texas
SCHEDULE OF INVESTMENT ACTIVITY
For The Quarter Ending December 31, 2016
CITY OF KENNEDALE,TEXAS
INVESTMENT REPORT
FOR QUARTER ENDING DECEMBER 31,2016
The Quarterly Investment Report provides the City's investment portfolio position as of the report period indicated above.Fund of the City are invested in
accordance with the City of Kennedale Investment Policy as originally adopted on September 13,2001 and subsequently reviewed on October 19,2015.
SUMMARY OF INVESTMENTS FOR THE QUARTER
99.4%of the City of Kennedale's investments are owned by the Pooled Cash Fund.The remaining.6%goes to the$2.OM 2010 CO Bond Fund,$1.7M TX
Leverage Fund,and Clearing Funds.As of the reporting quarter,67.25%of the City's investments are in investment pools,and 37.75%are invested in
money market savings accounts.
INVESTMENT STRATEGIES
The City's main objectives in managing the portfolio are as follows:suitability,preservation&safety of principal,liquidity, marketability, diversification,
and yield.
INVESTMENT PORTFOLIO ALLOWABLE BREAKDOWN
Certificates of Deposit(25%),Investment Pools(100%)*,Money Market Mutual Funds(100%)*,Repurchase Agreements(50%)*,Government Obligations
(25%), US Treasury & US Agency Callables (25%), US Government Agencies & Instrumentalities (100%), and US Treasury Notes/Bills (100%)
*(no more than 50%in any individual pool,fund,or repurchase agreement)
MONTHLY BALANCES-INVESTMENTS
Investment Pool Account Name Interest Rate October 2016 November 2016 December 2016 Interest Earned
Texas Daily Consolidated Cash 0.04% $ 31,506.54 $ 31,518.12 $ 31,531.44 $ 37.41
TexStar Consolidated Cash 0.03% 328,148.64 328,260.40 328,394.67 363.12
TexPool $1.7M TX Leverage 0.00% - - - -
TexPool $2.OM CO Bond 0.03% 29,538.86 29,548.56 29,560.03 30.78
TexPool Central Deposit 0.04% 779,059.00 815,865.52 2,749,292.82 860.14
TOTAL INVESTMENT POOLS $ 1,168,253.04 $ 1,205,192.60 $ 3,138,778.96 $ 1,291.45
MONTHLY BALANCES-WELLSFARGO
Bank Account Name Interest Rate October 2016 November 2016 December 2016 Interest Earned
Wellsfargo Consolidated Cash N/A $ 1,508,113.98 $ 1,317,113.06 $ 1,528,103.82 $
Wellsfargo Payroll Clearing 0.04%-0.05% 187.32 188.08 188.81
Wellsfargo Section 125 Flex 0.04%-0.05% - - -
Wellsfargo Dick Price Rd 0.005%
Wellsfargo Health Reimbursement 0.00% - - - -
Wellsfargo Employee Health Benefit Trust 0.00% 13.15 0.37 0.66 0.29
TOTAL WELLSFARGO $ 1,508,314.45 $ 1,317,301.51 $ 1,528,293.29 $ 0.29
TOTAL MONTHLY BALANCES-ALL $ 2,676,567.49 $ 2,522,494.11 $ 4,667,072.25 $ 1,291.74
TRANSACTION ACTIVITY-INVESTMENTS Balance Balance
Investment Pool Account Name 10/1/2016 Deposits Withdrawls Interest 12/31/2016
Texas Daily Consolidated Cash $ 31,494.03 $ $ $ 37.41 $ 31,531.44
TexStar Consolidated Cash 328,031.55 363.12 328,394.67
TexPool $2.OM CO Bond 29,529.25 30.78 29,560.03
TexPool Central Deposit 753,431.32 3,151,062.74 (1,156,061.38) 860.14 2,749,292.82
TOTAL INVESTMENT POOLS $ 1,142,486.15 $ 3,151,062.74 $ (1,156,061.38) $ 1,291.45 $ 3,138,778.96
TRANSACTION ACTIVITY-WELLSFARGO Balance Balance
Bank Account Name 10/1/2016 Deposits Withdrawls Interest 12/31/2016
Wellsfargo Consolidated Cash $ 1,989,797.92 $ 3,059,495.68 $ (3,521,189.78) $ - $ 1,528,103.82
Wellsfargo Payroll Clearing 41,187.98 874,168.22 (915,167.39) 188.81
Wellsfargo Section 125 Flex - 2,137.38 (2,137.38) -
Wellsfargo Health Reimbursement - 8,001.00 (8,001.00) - -
Wellsfargo Employee Health Benefit Trust 13.15 91,646.49 (91,659.27) 0.29 0.66
TOTAL WELLSFARGO $ 2,030,999.05 $ 4,035,448.77 $ (4,538,154.82) $ 0.29 $ 1,528,293.29
CASH BREAKDOWN BY FUND October 2016 November 2016 December 2016
01-General Fund $ 608,833.17 $ 544,823.50 $ 2,051,194.13
02-Debt Service Fund 10,891.75 110,680.22 677,070.71
04-Capital Project Fund 30,822.66 38,267.78 45,206.56
05-Capital Replacement Fund 370,179.16 327,085.87 285,084.52
07-Storm Drainage Utility Fund 120,173.66 135,624.76 144,364.53
10-Water/Sewer Fund 262,171.98 276,633.97 370,518.93
12-Court Security Fund 10,724.03 10,959.85 11,202.13
13-Capital Bond Fund - - -
14-Park Dedication Fund 195,532.82 195,561.21 195,738.78
15-Economic Development Fund 53,799.95 13,024.20 27,384.87
16-Court Technology Fund 11,686.40 12,000.39 4,027.44
17-Streets Improvement Fund 197,880.25 171,446.13 216,546.06
18-Juvenile Case Manager Fund 24,846.79 24,439.61 24,042.56
19-EDC413 Capital Bond Fund 29,538.86 29,548.56 29,560.03
21-TIF#1 New Hope Fund 118,067.65 83,629.50 61,978.50
31-Police Seizure Fund - - -
32-Library Building Fund 12,120.52 12,327.59 12,495.04
34-LEOSE Fund - - -
41-Park Rec/Other Donation Fund 39,944.88 40,614.80 14,749.79
45-Roadway Impact Fee Fund 155,040.77 71,452.62 71,474.59
61-Water Impact Fee Fund 129,390.93 129,409.73 129,427.97
62-Sewer Impact Fee Fund 104,878.95 104,894.19 104,908.98
65-Water Improvement Fund - - -
83-Tree Reforestation Fund 67,903.35 67,913.21 67,922.78
85-Unclaimed Property Fund 1,990.24 1,990.24 1,990.24
95-EDC Reserve Fund 120,148.72 120,166.18 120,183.11
TOTAL ALL FUNDS $ 2,676,567.49 $ 2,522,494.11 $ 4,667,072.25
Main Accounts Other Accounts
3,000,000.00 350,000.00 -
2,500,000.00 300,000.00
250,000.00
2,000,000.00 200,000.00
1,500,000.00 150,000.00 4$2.OM CO Bond
1,000,000.00 W Central Deposit 100,000.00
500,000.00 50,000.00 r Payroll Clearing
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KENNEDALE
You're Here,Your Home
www.cityofkennedale.com Staff Report to the Honorable Mayor and City Council
Date: January 23, 2017
Agenda Item No: REQUIRED APPROVAL ITEMS (CONSENT) - D.
I. Subject:
Consider approval of Resolution 505 calling the General Election for May 6, 2017
II. Originated by:
III. Summary:
The City of Kennedale has elected to contact with Tarrant County for general election purposes. There
have been no changes to the contract with Tarrant County since it was made in 2010. Dates of
importance for the 2017 general election include:
January 18, 2017 First day for filing for place on the ballot.
February 17, 2017 Deadline to file for place on ballot (must be received by 5:00 pm).
February 21, 2017 Deadline to file for write-in candidate (must be received by 5:00 pm).
February 23, 2017 Drawing for place on ballot at 2:00 p.m. in City Secretary's office.
February 24, 2017 Last day for a candidate to withdraw (must receive in writing by 5:00
pm).
March 22, 2017 First day to mail early voting ballots.
April 6, 2017 Last day to register to vote in the May 6, 2017 General Election.
April 24, 2017 First day for early voting by personal appearance. Early voting will
be conducted April 24 through May 2, 2017 in the Kennedale
Community Center, 316 W. 3rd Street, Kennedale, Texas.
April 25, 2017 Last day to receive an application by mail for a ballot to be voted by
mail.
May 2, 2017 Last day for early voting by personal appearance.
May 6, 2017 ELECTION DAY 7:00 am to 7:00 pm at the Kennedale
Community Center.
May 9-17, 2017 Period for official canvass of returns and oaths of office of newly
elected officers, unless runoff is necessary.
June 10, 2017 Runoff Election, if necessary.
IV. Fiscal Impact Summary:
405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817-985-2100 1 Fax: 817-478-7169
V. Legal Impact:
VI. Recommendation:
Approve
VII.Alternative Actions:
VIII.Attachments:
1. Resolution 505 lResolution 505. df
RESOLUTION NO. 505
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KENNEDALE,
TEXAS, CALLING FOR A GENERAL ELECTION TO BE HELD ON MAY 6,
2017; APPROVING A JOINT ELECTION WITH TARRANT COUNTY; AND
ESTABLISHING PROCEDURES FOR THAT ELECTION; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the City of Kennedale, Texas, (the "City") is a home rule city acting under its
charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter
9 of the Local Government Code; and
WHEREAS,the regular election for City Council of the City of Kennedale is required to be held
on May 6,2017, at which time the voters will elect persons to fill City Council Places 1,3 and 5; and
WHEREAS, the election will be held as a joint election, conducted under the authority of
Chapter 271 of the Texas Election Code; and
WHEREAS, by this Resolution, it is the intention of the City Council to designate a polling
place for the election, to appoint the necessary election officers to establish and set forth procedures for
conducting the election, and authorize the Mayor to execute a contract with Tarrant County for
conducting the election.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KENNEDALE,TEXAS,THAT:
Section 1.
General Election Called. An election is hereby called to elect City Council Places 1, 3 and 5 to serve
from May of 2017 until May of 2019 or until their successors are duly elected and qualified. The election
shall be held on May 7, 2016 between the hours of 7:00 a.m. and 7:00 p.m. at Kennedale Community
Center, 316 W. 3rd Street,Kennedale,Texas 76060.
Section 2.
Joint Election Agreement Approved. The Joint Election Agreement for Tarrant County and the City of
Kennedale (the "Agreement") and incorporated herein for all purposes is hereby approved and the Mayor
is authorized to execute the Agreement. In the event of conflict between this resolution and the
Agreement,the Agreement shall control.
Section 3.
Application for Place on Ballot. Qualified persons may file as candidates by filing applications in the
office of the City Secretary from 8:00 a.m. to 5:00 p.m., Monday through Friday, from January 18, 2017
through February 17,2017.
Section 4.
Early Voting.
a. Early voting by personal appearance. Early voting by personal appearance shall be
conducted beginning April 24, 2017, and continue through May 2, 2017 at the Kennedale Community
Center, 316 W. 3rd Street,Kennedale,Texas 76060 at the following times:
1 of 4
Monday,April 24,2017 8:00 a.m. —5:00 p.m.
Tuesday,April 25,2017 8:00 a.m.—5:00 p.m.
Wednesday,April 26,2017 8:00 a.m. —5:00 p.m.
Thursday,April 27,2017 8:00 a.m.—5:00 p.m.
Friday,April 28,2017 8:00 a.m.—5:00 p.m.
Saturday,April 29,2017 7:00 a.m.—7:00 p.m.
Sunday,April 30,2017 11:00 a.m.—4:00 p.m.
Monday,May 1,2017 7:00 a.m. —7:00 p.m.
Tuesday,May 2,2017 7:00 a.m.—7:00 p.m.
b. Early voting by mail. Stephen Vickers is the Chief Deputy Elections Administrator
acting pursuant to Texas Government Code § 601.002 ("Election Administrator") is hereby designated as
Early Voting Clerk for the general election. Applications for early voting by mail may be delivered to the
Election Administrator at the following address: Early Voting Clerk,P.O. Box 961011,Fort Worth,Texas
76161-0011,not later close of business on April 25,2017.
C. Early Voting Ballot Board. Early voting, both by personal appearance and by mail,
shall be canvassed by the Early Voting Ballot Board established by Tarrant County under the terms of the
Agreement.
Section 5.
Appointment of Election Judge and Alternate Election Judge. The Presiding Election Judge and
Alternate Presiding Judge shall be appointed by Tarrant County as authorized by Chapter 271 of the
Code.
Section 6.
Method of Voting. The Hart InterCivic eSlate (Direct Recording Electronic Voting System) shall be
used for voting by personal appearance and on Election Day the Hart InterCivic eSlate (Direct Recording
Electronic Voting System) and Hart InterCivic eScan (Optical Scan Voting System) shall be used. The
City Council hereby adopts the Hart InterCivic eSlate DRE for early voting and the Hart InterCivic eSlate
DRE and Hart InterCivic eScan for Election Day. All expenditures necessary for the conduct of the
election, the purchase of materials therefore, and the employment of all election officials are hereby
authorized,and shall be conducted in accordance with the Election Code.
Section 7.
Governing Law and Qualified Voters. The election shall be held in accordance with the Constitution of
the State of Texas and the Code, and all resident qualified voters of the City shall be eligible to vote at the
election.
Section 8.
Publication and Posting of Notice of Election. Notice of the election shall be given as required by
Chapter 4 of the Code.
Section 9.
Submissions to the United States Justice Department. Tarrant County is authorized to make such
submissions as are necessary to the United States Justice Department to seek pre-clearance for any
changes in voting practices as authorized by the Voting Rights Act of 1965, as amended.
2 of 4
Section 10.
Necessary Actions. The Mayor and the City Secretary of the City, in consultation with the City
Attorney, are hereby authorized and directed to take any and all actions necessary to comply with the
provisions of the Code in carrying out and conducting the election, whether or not expressly authorized
herein.
Section 11.
Runoff Election. Should a runoff election be required following the canvass of the May 6,2017 election,
the Council hereby orders that a runoff election be held on Saturday June 10, 2017. The polling place on
Election Day for the runoff election shall be at the same polling places as those of the original election
and the hours of voting shall be between 7:00 a.m. and 7:00 p.m.
Section 12.
Effective Date. This resolution shall be effective upon its adoption.
PASSED AND APPROVED this 23rd day of January,2016.
APPROVED:
Mayor, Brian Johnson
ATTEST:
Leslie Galloway,City Secretary
APPROVED AS TO FORM AND LEGALITY:
Wayne K. Olson, City Attorney
3 of 4
KENNEDALE
You're Here,Your Home
www.cityofkennedale.com Staff Report to the Honorable Mayor and City Council
Date: January 23, 2017
Agenda Item No: REQUIRED APPROVAL ITEMS (CONSENT) - E.
I. Subject:
2016 Racial Profiling Report from the Police Department.
II. Originated by:
Tommy Williams, Police Chief
III. Summary:
As required by Senate Bill 1074, attached is the 2016 Racial Profiling Report for the Police Department.
This report is required to be presented to council on or before March 1st of each year.
IV. Fiscal Impact Summary:
V. Legal Impact:
VI. Recommendation:
Approve
VII.Alternative Actions:
VIII.Attachments:
1. 2016 Racial Profiling Report 016 Racial Profiling Re ort. df
405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817-985-2100 1 Fax: 817-478-7169
I
KENNEDALE
Police Department
www,cityoficennedaf e.com
January 23,2017
To: City Manager, Mayor,and Council Members
From:Tommy Williams, Police Chief��cJ lU
Re: Racial Profiling Report
Statistical Data
As required by S.B. 1074, attached is a spreadsheet outlining the data from our citations from traffic stops during
calendar year 2016. You will remember that we dropped the Fair Roads Standard in favor of at-large population
figures from the 2010 census.This allows us to collect data not only against licensed drivers, but also against
those drivers who regularly operate a vehicle without benefit of a license.
Because such a large majority of our citations are issued to persons outside of the city, the baseline includes the
combined populations of our neighboring cities of Arlington, Forest Hill, Fort Worth, and Mansfield, as well as
Kennedale. Motorists come from or through these cities in order to get to or through Kennedale. Our stops and
searches are within tolerances for the percentile groups.
I will electronically file a copy of this report and spreadsheet for posting on the TCOLE web site.
Complaints
We had no racial profiling complaints filed during the reporting period of 2016.
Public Education
The process for filing racial profiling complaints against employees is posted in three places.The first is on our
police department website, the second in the police building lobby, and the third is in the city hall lobby. A copy of
the entire racial profiling policy is available to the public on request.
Employee Training
Numerous discussions occur during briefing and staff meetings throughout the year about racial profiling issues to
be aware of. In addition, supervisors are required to regularly review random video tapes of stops to identify any
problems that have not been reported. No issues have been identified.
i
I
401 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817-985-2160 1 Fax: 817-478-6433
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KENNEDALE
Planning and Zoning Commission
www.cityofkennedale.com
STAFF REPORT TO THE MAYOR & CITY COUNCIL
Date: January 23, 2017
Agenda Item No: DECISION ITEMS (A)
I. SUBJECT
CASE # PZ 17-01 to hold a public hearing and consider approval of Ordinance
620 regarding a zoning change from "C-1" Restricted commercial district and
"R-3" Single family residential district to "EC-2" Employment District Office and
Service district for an approximately 2.54 acre tract located at 5400-5424 High
Ridge Rd and 5401-5417 Kennedale St, legal description of Lot 1R, Block 5,
Oak Crest, Kennedale, Tarrant County, Texas.
II. SUMMARY
BACKGROUND OVERVIEW
Request Rezone from C-1 and R-3 to EC-2
Applicant City of Kennedale
Location Oak Crest neighborhood; bounded by I-20 access road, High
Ridge Rd, Kennedale St, and Link St
Surrounding Uses Residential (single family and mobile home); vacant land;
commercial; industrial
Surrounding Zoning C-1, R-3, PD (commercial); EC; I (see map)
Future Land Use Plan Designation Employment Center
Staff Recommendation Approve
Planning & Zoning Commission Approve
Recommendation
CURRENT STATUS OF PROPERTY
The property is vacant. It is owned by the Kennedale Economic Development Corporation and was
recently cleared and replatted into one lot to help with redevelopment efforts.
SURROUNDING PROPERTIES & NEIGHBORHOOD
SURROUNDING PROPERTIES AND NEIGHBORHOOD
The property is adjacent to the I-20 frontage road to the north and by commercial uses to the west
and east. Residential uses abut the property to the south and southwest (single family residential and
mobile home). Zoning classifications on surrounding property are Employment Center, C-1 restricted
commercial (which permits mainly retail and office uses), the planned development district for QuikTrip,
and single family residential (R-3). To the south but not adjacent to the site are several industrial uses
(auto salvage).
STAFF REVIEW
COMPREHENSIVE LAND USE PLAN
This property is shown as Employment Center in the Future Land Use Plan.
The Employment Center district is designed for major office development for corporate headquarters
or multiple smaller offices. The comprehensive plan notes that ideally a mix of land uses—including
office and retail—would occupy this site, with an emphasis on employment.
The comprehensive plan's Principal # 2 – Economic Prosperity is related to this rezoning. This principal
includes goals to create job opportunities in Kennedale that help stabilize the local tax base and allow
residents to work close to home. The Employment Center zoning district was intended to provide a
location for such opportunities.
SUMMARY
The rezoning request conforms to the comprehensive land use plan.
COMPLIANCE WITH CITY GOALS AND RELATED PLANS
STRATEGIC PLAN
REDEVELOPMENT OF OAK CREST. Although no specific steps were recommended, one section of
the strategic plan section is focused on business development, and that section recommends giving
high priority to the improvement and development of the Oak Crest area. The requested rezoning
would allow for the kind of redevelopment desired by the city.
CITY COUNCIL ENDS STATEMENTS AND GOALS
S2 - BE A SUSTAINABLE AND ATTRACTIVE CITY. Goal S2 of the balanced scorecard goals relates
to this request. The EC district regulations require a higher standard of development than the city's
other commercial zoning district, which means that redevelopment occurring under the EC regulations
should be more attractive than would be developed under Kennedale's straight commercial zoning
districts. For example, properties within the EC-2 district are required to have 90% masonry, whereas C-
0, C-1, and C-2 districts only require 80% masonry. In addition, the district has blank wall limitations
and controls drive-through access.
STAFF RECOMMENDATION
Based on the above analysis, staff recommends approval of the rezoning.
RECOMMENDATION FROM • • •
The Planning & Zoning Commission considered this case in the regular session on January 19'. The
Commission voted to recommend approval.
ACTION •
Approval: Based on the information presented, I find that the request meets city requirements and is
in compliance with the comprehensive land use plan and make a motion to approve Ordinance 620.
Approval with Conditions: Based on the information presented, I find that [state findings] and make a
motion to approve Ordinance 620 with the following changes [list changes].
Deny: Based on the information presented, I find that the request does not meet
[list standards or requirements not met] and make a motion to deny Ordinance 620.
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CATEGORIES
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Downtown Village Neighborhoods Potential Commuter Train
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February 27,2012
ORDINANCE N O . 6 2 0
AN ORDINANCE AMENDING ORDINANCE NO. 40, AS AMENDED;
REZONING CERTAIN PROPERTY WITHIN THE CITY LIMITS OF THE
CITY OF KENNEDALE FROM "R-3" SINGLE FAMILY RESIDENTIAL
DISTRICT AND "C-1" RESTRICTED COMMERCIAL DISTRICT TO "EC-2"
EMPLOYMENT DISTRICT OFFICE AND SERVICE DISTRICT; PROVIDING FOR
THE AMENDMENT OF THE OFFICIAL ZONING MAP TO REFLECT SUCH
CHANGES; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE
OF ALL ORDINANCES; PROVIDING FOR A PENALTY FOR VIOLATIONS
HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION IN THE
OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Kennedale Texas is a Home Rule municipality acting under its
charter adopted by the electorate pursuant to Article XI, of the Texas Constitution and Chapter
9 of the Local Government Code; and
WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has
adopted a comprehensive zoning ordinance and map regulating the location and use of
buildings, other structures and land for business, industrial, residential, or other purposes, for
the purpose of promoting the public health, safety, morals and general welfare, all in
accordance with a comprehensive plan; and
WHEREAS, the property described below is within an area designated as Employment
Center in the Future Land Use Plan within the comprehensive land use plan; and
WHEREAS, the City Council has determined that the "EC" Employment Center zoning
district is the most suitable zoning district for the property described below, in accordance with
the comprehensive land use plan and with the Employment Center Master Plan; and
WHEREAS, a public hearing was duly held by the Planning and Zoning Commission of the
City of Kennedale on the 1 91" day of January 2017 and by the City Council of the City of
Kennedale on the 23rd day of January 2017 with respect to the zoning changes described
herein; and
WHEREAS, all requirements of law dealing with notice to other property owners, publication
and all procedural requirements have been complied with in accordance with Chapter 211 of the
Local Government Code; and
WHEREAS, the City Council does hereby deem it advisable and in the public interest to
amend the City's Zoning Ordinance as described herein.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
1
KENNEDALE, TEXAS:
SECTION 1:
The Comprehensive Zoning Ordinance is hereby amended so that the zoning
classification and the uses in the hereinafter described area shall be changed and or restricted
as shown and described below:
An approximately 2.54 acre tract in the David Strickland Survey A-1376, more
particularly described as Lot 1 R, Block 5, Oak Crest, Tarrant County, Texas ("the
Property"), as more particularly described on Exhibit "A" attached hereto and
incorporated herein, "R-3" Single family residential district and "C-1" Restricted
commercial district to "EC-2" Employment District Office and Service district.
SECTION 2.
The zoning districts and boundaries as herein established have been made in
accordance with the comprehensive plan for the purpose of promoting the health, safety,
morals and general welfare of the community. They have been designed to lessen congestion
in the streets, to secure safety from fire, panic, flood and other dangers, to provide adequate
light and air, to prevent overcrowding of land, to avoid undue concentration of population,
to facilitate the adequate provisions of transportation, water, sewerage, parks and other
public requirements. They have been made after a full and complete hearing with reasonable
consideration among other things of the character of the district and its peculiar suitability for
the particular uses and with a view of conserving the value of the buildings and encouraging
the most appropriate use of land throughout the community.
SECTION 3.
The City Secretary is hereby directed to amend the official zoning map to reflect the
changes in classifications approved herein.
SECTION 4.
The use of the properties hereinabove described shall be subject to all the applicable
regulations contained in the Comprehensive Zoning Ordinance and all other applicable and
pertinent ordinances of the City of Kennedale, Texas.
SECTION 5.
This Ordinance shall be cumulative of all provisions of ordinances and of the Code of
Ordinances of the City of Kennedale, Texas (1991), as amended, including but not limited to all
Ordinances of the City of Kennedale affecting zoning and land use, and shall not repeal any of
the provisions of such ordinances except in those instances where provisions of such
ordinances are in direct conflict with the provisions of this ordinance.
2
SECTION 6.
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to
comply with or who resists enforcement of any of the provisions of this ordinance shall be fined
not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation
is permitted to exist shall constitute a separate offense.
SECTION 7.
All rights or remedies of the City of Kennedale Texas are expressly saved as to any and
all violations of any ordinances governing zoning or of any amendments thereto that have
accrued at the time of the effective date of this Ordinance and as to such accrued violations
and all pending litigation both civil and criminal same shall not be affected by this Ordinance but
may be prosecuted until final disposition by the Courts.
SECTION 8.
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 9.
The City Secretary of the City of Kennedale is hereby directed to publish the
caption, Section 1, the penalty clause, the publication clause, and the effective date clause of
this ordinance in every issue of the official newspaper of the City of Kennedale for two days
or one issue of the newspaper if the official newspaper is a weekly newspaper as authorized
by Section 3.10 of the City of Kennedale Charter.
SECTION 10.
This ordinance shall be in full force and effect from and after its passage and
publication as required by law and it is so ordained.
PASSED AND APPROVED ON THIS 23RD DAY OF JANUARY 2017.
APPROVED:
Mayor, Brian Johnson
ATTEST:
3
City Secretary, Leslie Galloway
EFFECTIVE:
APPROVED AS TO FORM AND LEGALITY:
City Attorney, Wayne K. Olson
4
EXHIBIT"A"
METES AND BOUNDS DESCRIPTION
PROPOSED LOT 1R, BLOCK 5, OAK CREST
CITY OF KENNEDALE, TARRANT COUNTY, TEXAS
BEING A TRACT OF LAND SITUATED IN THE DAVID STRICKLAND SURVEY, ABSTRACT NO. 1376, CITY OF
KENNEDALE, TARRANT COUNTY, TEXAS, AND BEING ALL OF LOTS 1, 2, 3, 4, 5, 13, 14, 15, AND 16 AND A
PORTION OF LOTS 6 AND 12 ALL IN BLOCK 5 OF OAK CREST, AS RECORDED IN VOLUME 388-C, PAGE 81
IN THE PLAT RECORDS OF TARRANT COUNTY,TEXAS AND AS CONVEYED TO KENNEDALE ECONOMIC
DEVELOPMENT CORPORATION BY INSTRUMENTS RECORDED IN COUNTY CLERK'S INSTRUMENT
NUMBERS: D216142741, D216142742, D213146389, D214022831, D216215916, D215215412,
D216085929, D214147258, AND D214174286 ALL IN THE OFFICIAL PUBLIC RECORDS OF TARRANT
COUNTY,TEXAS, SAID TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS
AS FOLLOWS:
BEGINNING AT A 5/8-INCH IRON ROD FOUND WITH BLUE PLASTIC CAP STAMPED "SHIELD
ENGINEERING" FOR THE NORTHERN CORNER OF SAID LOT 1 AND BEING AT THE INTERSECTION OF THE
SOUTHWEST RIGHT-OF-WAY LINE OF HIGH RIDGE ROAD (A 50-FOOT RIGHT-OF-WAY)AND THE
SOUTHEAST RIGHT-OF-WAY LINE OF INTERSTATE HIGHWAY 20 (A VARIABLE WIDTH RIGHT-OF-WAY);
THENCE SOUTH 49°13'33" EAST, ALONG THE COMMON NORTHEAST LINE OF SAID LOT 1 AND SAID
SOUTHWEST RIGHT-OF-WAY LINE, AT A DISTANCE OF 109.62 FEET PASSING A 1-INCH IRON PIPE FOUND
FOR THE COMMON EASTERN CORNER OF SAID LOT 1 AND THE NORTHERN CORNER OF SAID LOT 2 AND
CONTINUING IN ALL A TOTAL DISTANCE OF 168.26 FEET TO A 5/8-INCH IRON ROD FOUND WITH BLUE
PLASTIC CAP STAMPED "SHIELD ENGINEERING" FOR AN ANGLE POINT IN SAID COMMON LINE;
THENCE SOUTH 53°05'30" EAST, CONTINUING ALONG THE COMMON NORTHEAST LINE OF LOTS 2, 3, 4,
5, 6 AND SAID SOUTHWEST RIGHT-OF-WAY LINE,AT A DISTANCE OF 46.30 FEET PASSING A 1-INCH IRON
PIPE FOUND FOR THE COMMON EASTERN CORNER OF SAID LOT 2 AND THE NORTHERN CORNER OF
SAID LOT 3 AND CONTINUING IN ALL A TOTAL DISTANCE OF 377.69 FEET TO A 5/8-INCH IRON ROD SET
WITH BLUE PLASTIC CAP STAMPED "SHIELD ENGINEERING"IN THE FUTURE NORTHWEST LINE OF LINK
STREET(A PROPOSED 50-FOOT RIGHT-OF-WAY);
THENCE SOUTH 47°26'09" WEST, ALONG SAID FUTURE NORTHWEST RIGHT-OF-WAY LINE, A DISTANCE
OF 50.10 FEET TO A 5/8-INCH IRON ROD SET WITH BLUE PLASTIC CAP STAMPED "SHIELD ENGINEERING"
FOR A POINT OF CURVATURE OF A CURVE TO THE LEFT IN SAID NORTHWEST RIGHT-OF-WAY LINE;
THENCE WITH THE ARC OF SAID CURVE TO THE LEFT AND CONTINUING ALONG SAID NORTHWESTERLY
RIGHT-OF-WAY LINE, AN ARC DISTANCE OF 165.16 FEET TO A 5/8-INCH IRON ROD SET WITH BLUE
PLASTIC CAP STAMPED "SHIELD ENGINEERING" IN THE COMMON SOUTHWEST LINE OF SAID LOT 12
AND THE NORTHEAST RIGHT-OF-WAY LINE OF KENNEDALE STREET(A 50-FOOT RIGHT-OF-WAY), SAID
CURVE TO THE LEFT HAVING A DELTAANGLE OF 18°01'44", A RADIUS OF 524.88 FEET, AND A CHORD
BEARING AND DISTANCE OF SOUTH 38°27'07" WEST, 164.48 FEET;
THENCE NORTH 61°27'26" WEST, ALONG SAID COMMON SOUTHWEST LINE OF LOT 12 AND SAID
NORTHEAST RIGHT-OF-WAY LINE, A DISTANCE OF 19.87 FEET TO A 5/8-INCH IRON ROD SET WITH BLUE
PLASTIC CAP STAMPED "SHIELD ENGINEERING" FOR A POINT OF CURVATURE OF A CURVE TO THE RIGHT
IN SAID COMMON LINE;
THENCE WITH THE ARC OF SAID CURVE TO THE RIGHT AND ALONG THE COMMON SOUTHWEST LINE OF
SAID LOT 12, 13, 14 AND CONTINUING ALONG SAID NORTHEAST RIGHT-OF-WAY LINE, AT AN ARC
DISTANCE OF 28.40 FEET PASSING A 1-INCH IRON PIPE FOUND FOR THE COMMON WEST CORNER OF
SAID LOT 12 AND THE SOUTH CORNER OF SAID LOT 13, AND AT A CUMULATIVE ARC DISTANCE OF
148.20 FEET PASSING A 5/8-INCH IRON ROD FOUND WITH BLUE PLASTIC CAP STAMPED "SHIELD
ENGINEERING" FOR THE COMMON WESTERN CORNER OF SAID LOT 13 AND THE SOUTHERN CORNER OF
SAID LOT 14, FROM WHICH A 1/2-INCH IRON ROD FOUND BEARS NORTH 75°05'55" EAST, A DISTANCE
OF 4.18 FEET AND CONTINUING IN ALL, A TOTAL ARC DISTANCE OF 192.10 FEET TO A 5/8-INCH IRON
ROD SET WITH BLUE PLASTIC CAP STAMPED "SHIELD ENGINEERING", SAID CURVE TO THE RIGHT
HAVING A DELTA ANGLE OF 15°17'49", A RADIUS OF 719.53 FEET, AND A CHORD BEARING AND
DISTANCE OF NORTH 54°11'54" WEST, 191.53 FEET;
THENCE NORTH 46°00'47" WEST, ALONG THE COMMON SOUTHWEST LINE OF SAID LOT 14, 15, 16 AND
SAID NORTHEAST RIGHT-OF-WAY LINE, AT A DISTANCE OF 76.12 FEET PASSING A 1-INCH IRON PIPE
FOUND FOR THE COMMON WESTERN CORNER OF SAID LOT 14 AND THE SOUTHERN CORNER OF LOT 15,
AT A DISTANCE OF 166.46 FEET PASSING A 5/8-INCH IRON ROD FOUND WITH BLUE PLASTIC CAP
STAMPED "SHIELD ENGINEERING" FOR THE COMMON WESTERN CORNER OF SAID TRACT DESCRIBED IN
INSTRUMENT NO. D214147258 AND THE SOUTHERN CORNER OF SAID TRACT DESCRIBED IN
INSTRUMENT NO. D214174286,AT A DISTANCE OF 187.18 FEET PASSING A 1-INCH IRON PIPE FOUND
FOR THE COMMON WESTERN CORNER OF SAID LOT 15 AND THE SOUTHERN CORNER OF SAID LOT 16,
AT A DISTANCE OF 213.79 FEET PASSING A 5/8-INCH IRON ROD FOUND WITH BLUE PLASTIC CAP
STAMPED "SHIELD ENGINEERING" FOR THE COMMON WESTERN CORNER OF SAID TRACT DESCRIBED IN
INSTRUMENT NO. D214174286 AND THE SOUTHERN CORNER OF SAID TRACT DESCRIBED IN
INSTRUMENT NO. D216142742 AND CONTINUING IN ALL,A TOTAL DISTANCE OF 308.49 FEET TO A 5/8-
INCH IRON ROD FOUND FOR THE WESTERN CORNER OF SAID LOT 16 AND BEING AT THE INTERSECTION
OF SAID NORTHEAST RIGHT-OF-WAY LINE WITH THE AFOREMENTIONED SOUTHEAST RIGHT-OF-WAY
LINE OF INTERSTATE HIGHWAY 20;
THENCE NORTH 32°34'13" EAST, ALONG THE COMMON NORTHWEST LINE OF SAID LOT 16, LOT 1 AND
SAID SOUTHERLY RIGHT-OF-WAY LINE, AT A DISTANCE OF 87.12 FEET PASSING A 5/8-INCH IRON ROD
FOUND FOR THE COMMON NORTHERN CORNER OF SAID LOT 16 AND THE WESTERN CORNER OF SAID
LOT 1, AND CONTINUING IN ALL, A TOTAL DISTANCE OF 194.15 FEET TO THE POINT OF BEGINNING AND
CONTAINING 110,791 SQUARE FEET OR 2.543 ACRES OF LAND, MORE OR LESS.
)c
KENNEDALE
Planning and Zoning Commission
www.cityofkennedale.com STAFF REPORT TO THE MAYOR & CITY COUNCIL
Date: January 23, 2017
Agenda Item No: DECISION ITEMS (B)
I. SUBJECT
CASE # PZ 17-02 to hold a public hearing and consider approval of Ordinance 621
regarding an amendment to the Unified Development Code, as adopted by Ordinance
605, to amend Article 5 Village Districts Section 5.3 Form and Character to add
building materials standards; to amend Article 20 Natural Resource Management
Sections 20.4.13 and 20.4.0 to amend tree protection requirements; and to amend
Article 13 Landscaping, Screening, and Lighting Section 13.6.C.3 Privacy Fence to
amend regulations on buffering.
II. SUMMARY
BACKGROUND OVERVIEW
Request Amend UDC
Applicant City of Kennedale
Staff Recommendation Approve
Planning & Zoning Commission Approve with changes
Recommendation
BACKGROUND OVERVIEW
As city staff have been working with the new Unified Development Code (UDC), we have discovered
some errors and some sections that are not as clear as they should be in order to have an easy-to-use
document. Staff may bring additional changes to the City Council as needed. We expect that after this
year, any remaining errors of this kind will have been identified already, and the number of
amendments needed will decrease.
STAFF REVIEW
Description of recommended changes
Vi//age District standards
The Village District regulations in the Unified Development Code do not include building materials
standards. We confirmed with LSL Planning that they had not intended to leave these standards out
of the UDC, and they were left out in error. The proposed ordinance would add the missing building
materials standards to the UDC. The standards are based on work done by the Planning & Zoning
Commission on development regulations for Village districts prior to the code update undertaken by
LSL Planning. The proposed regulations require a minimum of 80% masonry on all facades and have a
more restricted list of permitted masonry materials, although alternative masonry materials may be
permitted if they are determined to be of similar quality and durability as the allowed materials and if
they fit the overall character of the district.
Tree Protection
The city's existing tree protection requirements were incorporated into the UDC as written (adopted in
2004). Since adoption of the UDC, we have had an opportunity to take a closer look at these
requirements while reviewing development plans in the past few months. It has become clear that our
tree protection requirements are conflicting and also do not allow the city to accomplish the goals
desired through tree protection regulations.
Conflicting regulations: The current code says that grading of a site is permitted to begin after a
preliminary plat has been approved. However, site grading almost always involves removing
some trees, and tree removal isn't permitted for grading until after a final plat has been
approved. In these cases (which applies to most site development), grading cannot actually be
permitted after preliminary plat approval.
Allowing clear cutting: One of the main goals of the tree protection regulations is to prevent
clear-cutting and to encourage trees to be saved during development as much as possible.
However, our regulations allow trees to be removed without any penalties (no tree replacement
or fees-in-lieu are required) if the trees are within an area labeled as cut or fill on an approved
grading plan. But usually the entire site under development will require at least some grading,
which ends up allowing a site to be clear-cut after all; this is the opposite of what the
regulations were intended to achieve.
The attached ordinance would remove the conflicting requirements and be more effective at
preventing clear-cutting.
Fencing between incompatible districts
Prior to adopting the UDC, city regulations required a screening fence to be installed whenever
development occurred next to a property zoned for a less intensive use. For example, if a property
zoned C-1 were to be developed and was adjacent to a property zoned R-3, then the developer of the
C-1 zoned property would be required to install a screening fence along the property line with the R-3
zoning. The UDC requires that instead, buffering and landscaping should be used. Staff agreed with LSL
Planning's recommendation to require buffering and landscaping, as these techniques can sometimes
be more effective at minimizing impacts on neighboring properties. However, we unfortunately did not
realize that the fence requirement was proposed to be eliminated through the UDC. Staff recommends
adding a requirement that a fence must be used when a property zoned "C-2" General commercial or
"I" Industrial is located next to an agricultural or residential zoning district.
STAFF RECOMMENDATION
Staff recommends approval.
RECOMMENDATION FROM • • •
The Planning & Zoning Commission considered this case in the regular session on January 19'. The
Commission requested that some of the fencing standards in place before the UDC was adopted be
added to the ordinance. With this amendment, the Commission voted to approve with five in favor,
one opposed, and one abstention.
ACTION •
Approval: Based on the information presented, I find that the request meets city requirements for
amending the UDC and make a motion to approve Ordinance 621.
Approval with Conditions: Based on the information presented, I find that the request meets city
requirements for amending the UDC and make a motion to approve Ordinance 621 with the following
changes [list changes].
Deny: Based on the information presented, I find that the request does not meet city requirements
and make a motion to deny Ordinance 621.
ORDINANCE NO. 621
AN ORDINANCE AMENDING THE UNIFIED DEVELOPMENT CODE OF
THE CITY OF KENNEDALE, TEXAS BY AMENDING ARTICLE 20,
NATURAL RESOURCES MANAGEMENT, SECTION 20.4 NEW
DEVELOPMENTS; BY AMENDING ARTICLE 13 LANSCAPING,
SCREENING, AND LIGHTING, SECTION 13.6 BUFFERING; AND BY
AMENDING ARTICLE 5 VILLAGE DISTRICTS, SECTION 5.3 FORM
AND CHARACTER; PROVIDING THAT THIS ORDINANCE SHALL BE
CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING A PENALTY FOR VIOLATIONS HEREOF;
PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN
THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City of Kennedale is a home rule city acting under its charter
adopted by the electorate pursuant to Article XI, Section 5, of the Texas Constitution
and Chapter 9 of the Local Government Code; and
WHEREAS, the City Council has adopted a Unified Development Code that
regulates the location and use of buildings, other structures and land for business,
industrial, residential or other purposes, for the purpose of promoting the public health,
safety, morals and general welfare, all in accordance with a comprehensive plan and
that otherwise regulates the development and use of properties within the city limits of
the City of Kennedale; and
WHEREAS, in order to promote the public health, safety and general welfare the
City Council desires to amend the Unified Development Code as provided in this
ordinance; and
WHEREAS, the Planning and Zoning Commission of the City of Kennedale,
Texas held a public hearing on January 19, 2017, and the City Council of the City of
Kennedale, Texas held a public hearing on January 23, 2017, with respect to the
amendments described herein; and
WHEREAS, the City has complied with all requirements of Chapter 211 of the
Local Government Code, Section 22 of the Unified Development Code, and all other
laws dealing with notice, publication, and procedural requirements for amending the
Unified Development Code.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF KENNEDALE, THAT:
Page 1
SECTION 1.
Sub-section 13.6.C.3 "Privacy Fence" of Article 13, "Landscaping, Screening,
and Lighting" of the Unified Development Code of the City of Kennedale, Texas, as
amended, is hereby amended to read as follows:
C. Privacy Fence.
1. A screening fence may be used to supplement landscaping. For the
linear footage a screening fence is used, the minimum landscaping
requirement shall be reduced by 75 percent. Minimum buffer width must
be maintained.
2. For development within an "I" Industrial zoning district or within a "C-2"
general commercial zoning district adjacent to a Type 1 zoning district (as
shown in Table 13.6), a solid screening fence is required, and the
minimum landscaping requirement shall be reduced by 50 percent.
a. The fence shall have a minimum height of six (6) feet and a
maximum height of eight (8) feet.
b. The fence shall be of the following materials: wood, exposed
aggregate tilt wall, fired masonry, or other approved masonry material.
Wood fences must have metal framing.
c. A person erecting a wood fence shall ensure that the smooth
side faces adjoining streets and the posts and rails face the interior of the
lot.
3. To qualify for the reduction, privacy fences must meet the following
requirements:
a. Six (6) foot minimum height.
b. Placed at least five (5) feet from the property line.
c. Gaps between pickets must be no greater than one-half ('/2) of an inch.
SECTION 2.
Section 5.3.E.1 "Building Form Standards" of Article 5, "Village District," of the
Unified Development Code of the City of Kennedale, Texas, as amended, is amended
to add sub-section d, to read as follows:
d. Materials. A minimum of 80 percent masonry material is required on
facades all facades, with masonry defined as brick, stone, cast stone, or
stucco (3-step). Masonry materials not specifically listed above, such as
cementitious fiber, granite, or glass block, may be used if permitted in
writing by the director of development or designee and will be reviewed by
the City according to quality, durability, and whether it fits the character of
the district.
Page 2
SECTION 3.
Section 20.4.13 "Residential Developments" of Article 20, "Natural Resources
Management" of the Unified Development Code of the City of Kennedale, Texas, as
amended, is hereby amended to read as follows:
B. Residential Developments. All areas within street rights-of-way, utility or
drainage easements as shown on a preliminary plat approved by the
Planning & Zoning Commission shall be exempt from the tree protection
and replacement requirements specified herein. The developer may
request the Administrator to allow trees within potential building pad areas
to be included in the exemption described herein. All other area shall be
subject to these requirements. If trees are removed from exempt areas
based on an approved preliminary plat, and a revised preliminary plat or a
final plat is later approved such that the trees original exempt would no
longer be exempt if still in place, such trees shall be replaced in
accordance with Section 20.8.
SECTION 4.
Section 20.4.0 "Nonresidential Developments" of Article 20, "Natural Resources
Management" of the Unified Development Code of the City of Kennedale, Texas, as
amended, is hereby amended to read as follows:
C. Nonresidential Development. All areas within street rights-of-way and
utility or drainage easements as shown on a preliminary plat approved by
the Planning & Zoning Commission, plus fire lanes, parking areas to meet
minimum parking requirements, and building pad as shown on an
approved site plan, shall be exempt from the tree protection and
replacement requirements specified herein. Any parking areas in excess
of the minimum parking requirements shall not be exempt from the tree
protection and replacement requirements. In addition, trees exempted
from the protection and replacement requirements due to being located in
an exempt area shown on an approved preliminary plat shall be replaced
in accordance with Section 20.8 if they are removed and the areas shown
as exempt on the preliminary plat are no longer exempt as shown on a
revised preliminary plat or a final plat.
SECTION 5.
This Ordinance shall be cumulative of all provisions of ordinances and of the
Unified Development Code of the City of Kennedale, Texas (2016), except when the
provisions of this Ordinance are in direct conflict with the provisions of such ordinances
and such code, in which event the conflicting provisions of such ordinances and such
code are hereby repealed.
Page 3
SECTION 6.
It is hereby declared to be the intention of the City Council that the sections,
paragraphs, sentences, clause, or phrase 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 sections, paragraphs,
sentences, clause, and phrases of this Ordinance, since the same would have been
enacted by the City Council without the incorporation in this Ordinance of any such
unconstitutional section, paragraph, sentence, clause, or phrase.
SECTION 7.
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 Thousand Dollars ($2,000.00). Each day
that a violation is permitted to exist shall constitute a separate offense.
SECTION 8.
All rights and remedies of the City of Kennedale are expressly saved as to any
and all violations of the provisions of any ordinances governing zoning that have
accrued at the time of the effective date of this Ordinance; and, as to such accrued
violations and all pending litigation, both civil and criminal, whether pending in court or
not, under such ordinances, same shall not be affected by this Ordinance but may be
prosecuted until final disposition by the courts.
SECTION 9.
The City Secretary of the City of Kennedale is hereby directed to publish in the
official newspaper of the City of Kennedale the caption, the penalty clause, the
publication clause, and the effective date clause of this ordinance as provided by
Section 3.10 of the Charter of the City of Kennedale.
SECTION 10.
This Ordinance shall be in full force and effect from and after the date of its
passage and publication as required by law, and it is so ordained.
PASSED AND APPROVED ON THIS 23RD DAY OF JANUARY, 2017.
MAYOR, BRIAN JOHNSON
Page 4
ATTEST:
CITY SECRETARY, LESLIE GALLOWAY
EFFECTIVE:
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
Page 5
KENNEDALE
You're Here,Your Home
www.cityofkennedale.com Staff Report to the Honorable Mayor and City Council
Date: January 23, 2017
Agenda Item No: DECISION ITEMS- C.
I. Subject:
Consider approval of bid award and contractor for the 42nd Year Community Development Block Grant
(CDBG) Project for sanitary sewer improvements on Dick Price Road with Tarrant County Community
Development and Housing
II. Originated by:
III. Summary:
The city participates in the CDBG program through the Tarrant County entitlement program. The funding
is disbursed through the Tarrant County Mayor's Council and is based primarily on the Mayor's
attendance and involvement. The city receives funding in the odd years and based on the Mayor's
involvement, the city received the maximum allocation available.
The 2017 allocation is $171,700. Funds can only be spent on eligible activities (water, wastewater,
streets, and drainage) in qualified areas based on census tract or block household or median incomes.
The selected project was selected by the city following a public hearing last year and is to replace a
portion of a sewer line serving homes along Dick Price Road. Circle C submitted the lowest bid of
$145,303.00 Staff recommends council recommend to Tarrant County the selection of Circle C for the
42nd year CDBG project.
Bid tabulations and engineering comments are attached.
IV. Fiscal Impact Summary:
V. Legal Impact:
VI. Recommendation:
Approve
VII.Alternative Actions:
VIII.Attachments:
1 CDBG Bid Tabulation Report 72nd Year CDBG Bid Tabulation Re ort. df
ward Recommendation Letter K2nd Year CDBG Contractor Award Recommendation Letter. df
405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817-985-2100 1 Fax: 817-478-7169
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December 30, 2016
Mr. Bob Hart
City of Kennedale
405 Municipal Drive
Kennedale, TX 76060
RE: Recommendation of Award
42nd Year Community Development Project - Kennedale
Sanitary Sewer Improvements for
200-300 Block Dick Price road
Dear Mr. Hart:
The bid opening was held at the office of Tarrant County Community Development on Wednesday December
28, 2016. Seven formal bids were received at the 10:30 AM bid opening for the above referenced project
which appears on the attached bid tabulation. We have reviewed the bids for accuracy and omissions and
they are in order. Circle C Construction submitted the lowest total bid of$145,303.00.
A summary of bids received is as follows:
1. Circle C Construction $ 145,303.00
2. Tejas Commercial Construction $ 168,849.00
3. Gra-Tex Utilities $ 211,432.00
4. LKG Resources $ 214,269.00
5. BSK USA $ 225,833.00
6. Atkins Brothers Construction $ 281,861.00
7. Fireline Services $ 346,260.02
The available 42nd Year CDBG construction funds amount to $171,671.70; therefore, no supplemental funding
will be required of the City.
Circle C Construction has successfully completed numerous sized projects for developments in Dallas/ Fort
Worth and surrounding areas. We suggest the City recommend to Tarrant County the award of the 42nd Year
CDBG Project to Circle C Construction in the amount of $145,303.00.
Sincerely,
Craig . arnes, P.E., President
Shiel ngineering Group, PLLC
Attachment
c: Brad Hearne, Tarrant County
Shield Engineering Group, PLLC
1600 W. 711' Street, Suite 200, Fort Worth, TX 76102 • office (817) 810-0696 • fax (844) 273-2180
Email: info @segplic.com a www.shieldengineeringgroup.com
KENNEDALE
You're Here,Your Home
www.cityofkennedale.com Staff Report to the Honorable Mayor and City Council
Date: January 23, 2017
Agenda Item No: DECISION ITEMS- D.
I. Subject:
Consider authorizing the Mayor to sign agreement with the Economic Development Corporation (EDC) for
the Hotel Occupancy Tax Funds
II. Originated by:
III. Summary:
When the city adopted an ordinance establishing the hotel occupancy tax, the discussion was to have the
EDC serve as the entity to administer the oversight of the funds on behalf of the city. Generally cities
have an EDC or a convention and visitor bureau board to do this function. The agreement is to provide for
the EDC function on behalf of the city council. HOT funds are restricted in that they can only be used to
promote the city and encourage visitors to visit.
IV. Fiscal Impact Summary:
V. Legal Impact:
VI. Recommendation:
VII.Alternative Actions:
VIII.Attachments:
1. 1HOT Delegation Agreement 1HOT Delegation A reement.2017. df
405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817-985-2100 1 Fax: 817-478-7169
HOTEL OCCUPANCY TAX DELEGATION AGREEMENT
This Agreement ("Agreement") is entered into between the City of Kennedale, Texas
("City"), a home rule municipality of the State of Texas, and the Kennedale Economic
Development Corporation ("KEDC"), a Type B corporation created pursuant to the Development
Corporation Act, Texas Local Government Code, Chapter 501, (collectively, "Parties"), for the
purposes and considerations stated below.
WHEREAS, chapter 351 of the Texas Tax Code allows a municipality to enact a
municipal hotel occupancy tax that may be used only to promote tourism and the convention and
hotel industry in the municipality; and
WHEREAS, the Kennedale City Council adopted a municipal hotel occupancy tax on
July 11, 2013; and
WHEREAS, section 351.101(c) of the Texas Tax Code allows the governing body of a
municipality by contract to delegate the management or supervision of programs and activities
funded with revenue from the hotel occupancy tax to a person, including another governmental
entity or a private organization; and
WHEREAS, the City Council desires to delegate the management and supervision of
programs and activities funded with revenue from the hotel occupancy tax to the Kennedale
Economic Development Corporation; and
WHEREAS, the Kennedale Economic Development Corporation agrees to faithfully
execute the management and supervision of programs and activities funded with revenue from
the hotel occupancy tax and is well equipped to perform those activities;
NOW, THEREFORE, in consideration of the mutual benefits and promises contained
herein and for other good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, the parties agree as follows:
ARTICLE I. AUTHORIZATION AND DEFINITIONS
1.1 The City Council finds and determines that this Agreement is authorized and governed by
Section 35 L 101(c) of the Texas Tax Code.
1.2 As used in this Agreement, the following terms shall have the following specific
meanings:
a. The tern "effective date" shall mean the date this Agreement is executed by both
Parties.
b. The term "hotel tax revenue" shall mean the gross monies collected and received
by City as municipal hotel occupancy tax at the rate permitted by Texas Tax Code 351.002 and
HAEconomic Development Corporation\Agreements\HOT Delegation Agreement.2017.docx(01/06/17) Page 1
City Ordinance. Hotel tax revenue will include penalty and interest related to the late payments
of the tax revenue by the taxpayer.
C. The term "collection period" shall mean the collection period for City's fiscal
year. It will include hotel tax revenue due to City for the relevant fiscal year and collected
through the 22nd day of the month following the close of the relevant fiscal year.
d. The term "contract quarter" shall refer to any quarter of the calendar year in which
this Agreement is in force. Contract quarters will end on March 31St, June 30th, and September
30th and December 31St
ARTICLE II. CITY OBLIGATIONS
2.1 For and in consideration of the activities to be satisfactorily performed by KEDC under
this Agreement, City agrees to delegate to KEDC the management and supervision of programs
and activities funded with the hotel tan revenue collected by City for each collection period. City
agrees to pay to KEDC the hotel tax revenue collected by City for each collection period in
quarterly payments.
2.2 Quarterly payments will be dependent upon City receiving all reports required herein and
by section 351.101 of the Texas Tax Code. Quarterly reports are due no later than thirty (30)
days after the end of each contract quarter.
2.3 It is expressly understood that this Agreement in no way obligates City's general fund or
any other monies or credits of City.
2.4 City may withhold allocations if City determines that expenditures of KEDC deviate
materially from their approved budget or if the reports required herein and by section 351.101(c)
of the Texas Tax Code are not submitted in a complete and timely manner.
ARTICLE III. KEDC OBLIGATIONS
3.1 KEDC agrees to manage and supervise the programs and activities funded with City's
hotel tax revenue. KEDC further agrees to use such hotel tax revenue only for those uses
outlined in Texas Tax Code section 351.101(a), as amended.
3.2 KEDC may spend hotel tax revenue for KEDC's day-to-day operations, supplies,
salaries, office rental, travel expenses, and other administrative costs only if those administrative
costs are incurred directly in the promotion and servicing expenditures authorized under Texas
Tax Code section 351.101(a), as amended.
a. The portion of total administrative costs of KEDC for which hotel tax revenue
may be used shall not exceed the portion of KEDC's administrative costs actually incurred in
conducting the activities permitted pursuant to this Agreement.
HAEconomic Development Corporation\Agreements\HOT Delegation Agreement.2017.docx(01/06/17) Page 2
b. Hotel tax revenue may not be spent for travel for a person to attend an event or
conduct an activity the primary purpose of which is not directly related to the promotion of
tourism and the convention and hotel industry or the performance of the person's job in an
efficient and professional manner.
ARTICLE IV. RECORDKEEPING REQUIREMENTS
4.1 KEDC shall adhere to the annual budget as approved by the Kennedale City Council for
each calendar year for all operations of KEDC for which the hotel tax revenue shall be used by
KEDC. The records of EDC shall be set up to allow the City to audit specifically the purpose of
each individual expenditure of hotel tax revenue from the separate account relating to hotel tax
revenue. City shall not pay to KEDC any hotel tax revenues during any collection period of this
Agreement unless a budget for such collection period has been approved in writing by the
Kennedale City Council, authorizing the expenditure of funds.
4.2 KEDC acknowledges that approval of the budget by the Kennedale City Council creates
a fiduciary duty in KEDC with respect to the hotel tax revenue paid by City to KEDC under this
Agreement. KEDC shall expend hotel tax revenue only in the manner and for the purposes
specified in this Agreement, Texas Tax Code §351.101(a) and in the budget as approved by the
Kennedale City Council.
4.3 KEDC shall maintain any hotel tax revenue paid to KEDC by City in a separate account
or with segregated fund accounting, such that any reasonable person can ascertain the revenue
source of any given expenditure.
4.4 KEDC shall maintain complete and accurate financial records of each expenditure of the
hotel tax revenue made by KEDC. These funds are required to be classified as restricted funds
for audited financial purposes, and may not be used for contracted services, including, but not
limited to, auditing fees or attorney fees. Upon reasonable advance written request of the
Kennedale City Council, the City Manager or his designee, or any other person, KEDC shall
make such financial records available for inspection and review by the party making the request.
KEDC understands and accepts that all such financial records and any other records relating to
this Agreement shall be subject to the Public Information Act, Texas Government Code, chapter
552, as amended.
4.5 Within thirty (30) days after the end of every contract quarter,KEDC shall furnish to City
the following:
a. a completed financial report;
b. a list of the expenditures or copies of the invoices or receipts made with regard to
hotel tax revenue pursuant to Texas Tax Code §351.101(c); and
C. a copy of all financial records (e.g., front and back copies of cleared checks or
bank statements, and other relevant documentation).
HAEconomic Development Corporation\Agreements\HOT Delegation Agreement.2017.docx(01/06/17) Page 3
4.6 KEDC shall prepare and deliver all reports in a form and manner approved by the City
Manager, or his designee. KEDC shall respond promptly to any request from the City Manager
or his designee for additional information relating to the activities performed under this
Agreement.
4.7 KEDC shall give the City Manager, or his designee, reasonable advance written notice of
the time and place of all meetings of the governing body of KEDC, as well as any other meeting
of any constituency of KEDC, at which this Agreement or any matter subject to this Agreement
shall be considered.
ARTICLE V. TERM
5.1 The term of this Agreement shall commence on the effective date and terminate on
December 31, 2018. Thereafter, this Agreement shall automatically renew for successive terms
of one (1) year until terminated in accordance with this Agreement. Only those expenditures
authorized by Chapter 351 of the Texas Tax Code which are actually incurred during the
program period, for events and activities taking place within the program period, are eligible for
funding under this Agreement, and any ineligible expenditures or unspent funds shall be forfeited
to City upon termination of this Agreement.
5.2 This Agreement may be terminated by either party, with or without cause, by giving the
other party sixty (60) days advance written notice. In the event this Agreement is terminated by
either party pursuant to this section, City agrees to reimburse KEDC for any contractual
obligations undertaken by KEDC in satisfactory performance of those programs or activities
specified in this Agreement and that were approved by the Kennedale City Council through the
budget. This reimbursement is conditioned upon such contractual obligations having been
incurred and entered into in the good faith performance of those services contemplated herein,
and further conditioned upon such contractual obligations having a term not exceeding the full
term of this Agreement. Further, upon termination pursuant to this section, KEDC shall provide
City:
a. Within ten (10) business days from the termination notification, a short-term
budget of probable expenditures for the remaining sixty (60) day period between termination
notification and contract termination. This budget will be presented to the Kennedale City
Council for approval within ten (10) business days after receipt by City. If formal approval is not
given within ten (10) business days and the budget does not contain any expenditures that would
be prohibited by the Texas Tax Code, and is within the current contractual period approved
budget, the budget will be considered approved;
b. Within thirty (30) days, a full accounting of all expenditures not previously
audited by City;
C. Within five (5) business days of a request from City, a listing of expenditures that
have occurred since the last required reporting period; and
HAEconomic Development Corporation\Agreements\HOT Delegation Agreement.2017.docx(01/06/17) Page 4
d. A final accounting of all expenditures and tax funds on the day of termination.
KEDC will be obligated to return any unused funds or funds determined to be used improperly.
Any use of remaining funds by KEDC after notification of termination is conditioned upon such
contractual obligations having been incurred and entered into in the good faith performance of
those services contemplated in this Agreement, and further conditioned upon such contractual
obligations having a term not exceeding the full term of this Agreement.
5.3 This Agreement shall automatically terminate upon the occurrence of any of the
following events:
a. The termination of the legal existence of KEDC;
b. The insolvency of KEDC, the filing of a petition in bankruptcy, either voluntarily
or involuntarily, or an assignment by KEDC for the benefit of creditors;
C. The continuation of a breach of any of the terms or conditions of this Agreement
by either City or KEDC for more than thirty (30) days after written notice of such breach is given
to the breaching party by the other party; or
d. The failure of KEDC to submit quarterly reports which comply with the reporting
procedures required herein and generally accepted accounting principles within thirty (30) days
from the date City notifies KEDC of such breach.
5.4 Notwithstanding any other provision of this Agreement, to mitigate damages and to
preserve evidence and issues for judicial determination, either party shall have the right to
terminate this Agreement upon immediate notice to the other party in the event that any person
has instituted litigation concerning the activities of the non-terminating party, and the
terminating party reasonably believes that such activities are required or prohibited under this
Agreement.
5.5 In the event that this Agreement is terminated pursuant to section 5.2 or section 5.3,
KEDC agrees to refund any and all unused funds, or funds determined by City to have been used
improperly, within thirty (30) days after termination of this Agreement.
ARTICLE VI. GENERAL PROVISIONS
6.1 Nothing in this Agreement shall prohibit, nor be construed to prohibit, the agreement by
KEDC with another private entity, person, or organization for the performance of services
required by this Agreement, with City's approval. In the event that KEDC enters into any
arrangement, contractual or otherwise, with such other entity, person or organization, KEDC
shall cause such other entity, person, or organization to adhere to, conform to, and be subject to
all provisions, terms, and conditions of this Agreement and Texas Tax Code Chapter 351,
including reporting requirements, separate funds maintenance, and limitations and prohibitions
pertaining to expenditure of the hotel tax revenue.
HAEconomic Development Corporation\Agreements\HOT Delegation Agreement.2017.docx(01/06/17) Page 5
6.2 KEDC shall operate as an independent contractor as to all services to be performed under
this Agreement and not as an officer, agent, servant, or employee of City. KEDC shall have
exclusive control of its operations and performance of services hereunder, and such persons,
entities, or organizations performing the same, and KEDC shall be solely responsible for the acts
and omissions of its directors, officers, employees, agents, and subcontractors. KEDC shall not
be considered a partner or joint venturer with City, nor shall KEDC be considered, nor in any
manner hold itself out as, an agent or official representative of City.
6.3 TO THE EXTENT PERMITTED BY LAW, KEDC AGREES TO INDEMNIFY
AND HOLD HARMLESS CITY, ITS OFFICERS, AGENTS, SERVANTS AND
EMPLOYEES FROM AND AGAINST ANY AND ALL LOSS, COSTS, OR DAMAGE OF
ANY KIND, NATURE, OR DESCRIPTION THAT MAY ARISE OUT OF OR IN
CONNECTION WITH THIS AGREEMENT WHETHER OR NOT THE CLAIM OR
CAUSE OF ACTION RESULTS FROM ANY NEGLIGENCE OF CITY OR ANY OF ITS
OFFICERS,AGENTS, SERVANTS OR EMPLOYEES.
6.4 KEDC ASSUMES FULL RESPONSIBILITY FOR THE WORK TO BE
PERFORMED AND SERVICES TO BE PROVIDED HEREUNDER, AND HEREBY
RELEASES, RELINQUISHES AND DISCHARGES CITY, ITS OFFICERS, AGENTS,
SERVANTS AND EMPLOYEES FROM ANY AND ALL CLAIMS, DEMANDS, AND
CAUSES OF ACTION OF EVERY KIND AND CHARACTER,INCLUDING THE COST
OF DEFENSE THEREOF, FOR ANY INJURY TO, INCLUDING DEATH OF, ANY
PERSON (WHETHER OFFICERS, AGENTS, SERVIANTS OR EMPLOYEES OF
EITHER OF THE PARTIES HERETO OR THIRD PERSONS) AND ANY LOSS OF OR
DAMAGE TO PROPERTY (WHETHER THE PROPERTY IS THAT OF EITHER OF
THE PARTIES HERETO OR OF THIRD PARTIES) THAT IS CAUSED BY OR
ALLEGED TO BE CAUSED BY, ARISING OUT OF, OR IN CONNECTION WITH
KEDC'S WORK OR SERVICES PROVIDED HEREUNDER WHETHER OR NOT SAID
CLAIMS, DEMANDS, OR CAUSES OF ACTIONS ARE COVERED IN WHOLE OR
PART BY INSURANCE.
6.5 KEDC shall not assign this Agreement without first obtaining the written consent of City.
6.6 Any notice required to be given under this Agreement or any statute, ordinance, or
regulation, shall be effective when given in writing and deposited in the United States mail,
certified mail,return receipt requested, or by hand-delivery, addressed to the respective parties as
follows:
City of Kennedale
405 Municipal Drive
Kennedale, Texas 76060
Attn: City Manager
HAEconomic Development Corporation\Agreements\HOT Delegation Agreement.2017.docx(01/06/17) Page 6
Kennedale Economic Development Corporation
405 Municipal Drive
Kennedale, Texas 76060
Attn: Executive Director
6.7 This Agreement and each provision hereof, and each and every right, duty, obligation,
and liability set forth herein shall be binding upon and inure to the benefit and obligation of City
and KEDC and their respective successors and assigns.
6.8 This Agreement has been made under and shall be governed by the laws of the State of
Texas. Performance and all matters related thereto shall be in Tarrant County, Texas.
6.9 This Agreement contains the entire understanding and constitutes the entire agreement
between the Parties concerning the subject matter contained herein. There are no representations,
agreements, arrangements, or understandings, oral or written, express or implied, between or
among the parties, relating to the subject matter of this Agreement, which are not fully expressed
herein.
6.10 The headings and subheadings of the various sections and paragraphs of this Agreement
are inserted merely for the purpose of convenience and do not express or imply any limitation,
definition, or extension of the specific terms of the section and paragraph so designated.
6.11 If any section, subsection, paragraph, sentence, clause, phrase or word in this Agreement,
or application thereof to any person or circumstance, is held invalid by any court of competent
jurisdiction, such holding shall not affect the validity of the remaining portions of this
Agreement, and the parties hereby declare they would have enacted such remaining portions
despite any such invalidity.
6.12 Failure of any party, at any time, to enforce a provision of this Agreement, shall in no
way constitute a waiver of that provision, nor in any way affect the validity of this Agreement,
any part hereof, or the right of either party thereafter to enforce each and every provision hereof.
No term or breach of this Agreement shall be deemed waived or excused unless the waiver shall
be in writing and signed by the party claimed to have waived. Furthermore, any consent to or
waiver of a breach will not constitute consent to, waiver of or excuse of any other different or
subsequent breach.
This Agreement was approved by the Kennedale City Council at its meeting on
, 2017.
This Agreement was approved by the Kennedale Economic Development Corporation at its
meeting on ) 2017.
HAEconomic Development Corporation\Agreements\HOT Delegation Agreement.2017.docx(01/06/17) Page 7
KENNEDALE ECONOMIC DEVELOPMENT CORPORATION
Bob Hart, Director
Date:
CITY OF KENNEDALE, TEXAS
Bob Hart, City Manager
Date:
H:\Economic Development Corporation\AgreementMOT Delegation Agreement.2017.docx(01/06/17) Page 8
KENNEDALE
You're Here,Your Home
www.cityofkennedale.com Staff Report to the Honorable Mayor and City Council
Date: January 23, 2017
Agenda Item No: DECISION ITEMS- E.
I. Subject:
Review and consider contract for Animal Control services from North Texas Animal Control Authority
II. Originated by:
Tommy Williams, Police Chief
III. Summary:
Attached is a contract for temporary animal control services from the North Texas Animal Control
Authority. This is a private concern providing animal control services to Dalworthington Gardens and
Edgecliff Village. Due to Dianna Garcia's on-going injury issue we are without service at present other
than what can be provided by on-duty police officers who aren't trained to handle animals. We are asking
for a contract through the year's end to ensure that we have service until Dianna returns to duty.
IV. Fiscal Impact Summary:
V. Legal Impact:
VI. Recommendation:
Approve
VII.Alternative Actions:
VIII.Attachments:
1 North Texas Animal Authority Contract INTACA.pdf
405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817-985-2100 1 Fax: 817-478-7169
AGREEMENT FOR ANIMAL CONTROL SERVICES
THIS AGREEMENT (hereinafter referred to as the "Agreement") is made and
entered into by Kerry Payne, a private contractor, d/b/a/ The North Texas Animal
Control Authority (hereinafter referred to as the "NTACA") and the City of
Kennedale, a municipal entity, (hereinafter referred to as "Kennedale" or the "City").
RECITALS:
WHEREAS, Kennedale is desirous of providing its current full time animal
services program with additional resources for on call, patrol, and emergency
responses, and
WHEREAS, The NTACA is desirous of furnishing these desired additional
resources, and
WHEREAS, the parties hereto desire to enter into this Agreement to provide said
resources at the highest level possible to Kennedale in accordance with the terms and
conditions set forth herein, and
WHEREAS, all payments to be made hereunder shall be made from current
revenues available to the paying party, and
WHEREAS, the parties have concluded that this Agreement fairly compensates
the performing party for the services being provided hereunder, and is in the best
interest of each party.
NOW THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES
AND CONSIDERATION PROVIDED FOR HEREIN, THE RECEIPT AND
SUFFICIENCY OF WHICH ARE HEREBY CONFIRMED, THE PARTIES
HERETO AGREE TO THE FOLLOWING:
Section 1. All matters stated above in the preamble are found to be true and
correct and are incorporated herein by reference as if copied in their entirety.
Section 2. Term: This Agreement shall be for a term of approximately One
(1) year, commencing on January 1St 2017 and ending January 1st 201813ecember
31, 2017. Any extension of the term of this Agreement, including any changes in
the terms and conditions, shall require the approval of the governing body of
Kennedale.
Section 3. Scope of Services: The NTACA hereby agrees to provide City
the following services & personnel:
a. On-Call Services: The NTACA will provide, at the request of the
City, an on-call Animal Control Officer ("ACO") for a Ttwo (2)
week period of every month as mutually agreed and scheduled.
During the on-call period, Aall service calls shall be dispatched
through the City Police Department directly to the NTACA. Any
response requested from the City shall be responded to within 60
minutes.
b. Daily Patrol Services: At the request of the Police Department,
the NTACA will provide an hourly patrol service to the City in the
event of an absence of their its ACO or for any other reason. The
City may either allow the NTACA to utilize a City owned animal
control vehicle or allow the NTACA to utilize a designated vehicle
owned by the NTACA.
C. Monthly Reports: The NTACA will supply a report to the Police
Department no later than 12:00 p.m. on the 3rd Monday following
the on-call periodof each month. The report shall summarize all
activity within the City from the previous on-call periodmonth.
d. Impoundment & boarding: An ACO is authorized to capture and
impound any animal upon having probable cause to believe the
animal to be in violation of any provision of the Kennedale Code
of Ordinances or state law, which authorizes or requires the
animal's capture and impoundment. The boarding of all animals
impounded for the City shall occur using current City contracted
facilities.
If, by identification tag, the owner of an impounded animal can be
identified, the ACO will make every attempt to return the animal to
its home and notify the owner of any violations witnessed by the
ACO.
Any animal, whether licensed or unlicensed, which in the
professional judgment of the NTACA and its employees, is in
great pain and suffering due to injury from which the animal
probably will not recover, or which appears to have rabies, and/or
which is at large and is posing an imminent danger to human
beings or to other animals, may be destroyed by the ACO on scene
in a humane manner.
e. Private Client Relationships: The City agrees to allow the
NTACA to offer its complete line of Animal Related Services to
the residents of Kennedale as individual clients where typical City
services would not apply, at no other cost to the City. These
services include, but are not limited to:
Pet Transportation& Taxi Services
Lost Pet Recovery Services
Deceased Pet Removal, Cremation, and Burial Services
Nuisance Wildlife Rescue & Control
Pet Insurance Programs
Escape Prevention
The resident would be considered a client of the NTACA and
would be solely responsible for any fees incurred.
f. 24 Hour Information Line: The NTACA currently agrees to
operates on a 24-hour basis and maintains that our phone lines that
are answered 24 hours a day, 7 days a week to provide callers with
helpful information as to their pet related needs. Any resident
from the City may take advantage of this 24 hour service so that
the NTACA may better assist their individual needs.
Section 4. Kennedale's Obligations: The City agrees to perform the following:
a. On-call weeks shall begin at 5:00pm on Fridays and end at 5:00pm on
Fridays two weeks later. All animal control calls received during this
time period will be answered by the on-call officer an NTACA ACO.
City agrees to pay One-Hundred Dollars ($100.00) per on-call week
for stand-by services. An additional fee of Seventy-Five Dollars
($75.00) will be charged for each response location by the NTACA
regardless of extent of time or time of day of the call.
b. Hourly patrol services shall apply to any amount of time requested by
the City. Patrol times may vary at the request of the City and upon
mutual agreement between the City and the NTACA. City agrees to
pay Thirty Dollars ($30.00) per hour of patrol requested utilizing a
City owned animal control vehicle. City agrees to pay Thirty-Five
Dollars ($35.00) per hour of patrol requested utilizing an animal
control vehicle owned by the NTACA.
Section 5. Termination:
a. This Agreement may be terminated at any time, by either party,
giving Ninety (90) days written notice to the other party to the addresses
provided herein. In the event of such termination by either party, the
NTACA will be compensated for all service performed prior to
termination date, which will be the date Three (3) months after the date of
the notice of termination, together with any payments then due and as
authorized by this Agreement.
b. If the City fails to make payment to the NTACA within Thirty (30)
days after the date of billing for any invoiced amounts, the NTACA will
suspend services to the City by providing written notice of the and
identify a date on which the services will be suspended. and will notify the
City secretary by telephone and in writing of the date services will be
suspended.
C. City's recourse for failure of the NTACA to furnish any services
under this Agreement will be the right to make a proportionate reduction
in the fee to be paid (as determined by mutual agreement of the parties) or
terminate this Agreement by giving proper notice.
Section 6. Notices & Payments:
a. All written notices, payments, or refunds shall be sent to the following
addresses:
North Texas Animal Control Authority Kennedale Police Dept.
P.O. Box 1358 401 Municipal Drive
Roanoke TX 76262 Kennedale TX 76060
b. The NTACA shall provide an invoice to the City at the end of each
week. City agrees to pay invoices every Two (2) weekswithin thirty
days of receipt.
Section 7. Dispute Resolution: In order to ensure an effective relationship
between the parties and to provide the best possible services, it is mutually agreed
that all questions arising under this Agreement shall be handled and resolved
between the Chief of Police for the City of Kennedale and the CEO of the
NTACA.
Section 8. Jurisdiction: By this Agreement, Kennedale grants full and
complete authorization and jurisdiction to the NTACA for all services provided
by the NTACA as contained in this Agreement. Said jurisdiction shall apply to
the city limits of Kennedale, Texas.
Section 9. Venue: Venue for any legal dispute arising pursuant to this
Agreement shall be in Tarrant County, Texas.
Section 10. Supervision/Certification: At all times during the term of this
Agreement, all Animal Control Officers NTACA ACO's shall be under the
supervision and control of a representative of the NTACA. Also, all officers shall
be certified in their respective areas of expertise to carry out their duties.
Section 11. Performance:Both parties mutually agree that the NTACA is an
independent contractor, and shall have exclusive control of performance
hereunder, and that employees of the NTACA in no way are to be considered
employees of Kennedale.
Section 12. Indemnification: NTACA DOES HEREBY COVENANT
AND CONTRACT TO WAIVE ALL CLAIMS, RELEASE, INDEMNIFY AND
HOLD HARMLESS CITY AND ALL OF ITS OFFICIALS, OFFICERS,
AGENTS, EMPLOYEES AND INVITEES, IN BOTH THEIR PUBLIC AND
PRIVATE CAPACITIES, FROM ANY AND ALL LIABILITY, CLAIMS,
SUITS, DEMANDS OR CAUSES OF ACTION, INCLUDING ALL EXPENSES
OF LITIGATION AND/OR SETTLEMENT, THAT MAY ARISE BY REASON
OF DEATH OR INJURY TO PERSONS OR DAMAGE TO OR LOSS OF USE
OF PROPERTY OCCASIONED BY ANY WRONGFUL INTENTIONAL ACT
OR OMISSION OF NTACA, AS WELL AS ANY NEGLIGENT OMISSION,
ACT OR ERROR OF NTACA, ITS OFFICIALS, OFFICERS, AGENTS,
EMPLOYEES, AND INVITEES, OR OTHER PERSONS FOR WHOM NTACA
IS LEGALLY LIABLE WITH REGARD TO THE PERFORMANCE OF THIS
CONTRACT. NTACA WILL, AT ITS OWN COST AND EXPENSE, DEFEND
AND PROTECT CITY AGAINST ANY AND ALL SUCH CLAIMS AND
DEMANDS, INCLUDING PAYMENT OF CITY'S REASONABLE
ATTORNEYS' FEES. IN THE EVENT OF A CLAIM IS BROUGHT
AGAINST CITY, CITY SHALL HAVE THE RIGHT TO RETAIN LEGAL
COUNSEL OF ITS CHOOSING IN DEFENSE OF SUCH A CLAIM, AND
SUCH ELECTION SHALL NOT RELIEVE NTACA OF ITS OBLIGATIONS
UNDER THIS SECTION.The NTACA agrees to hold harmless, save and
indemnify the City and its Officers for any and all claims for damages, personal
injury and/or death that may be asserted against the City arising from the NTACA
negligence or its performance hereunder, save and except intentional acts of gross
negligence by the City. The foregoing notwithstanding, the parties hereto reserve
the right to all available legal defenses and all protections and limitations of
liability provided by the Texas Tort Claims Act and the Texas Constitution
relative to these parties. The provisions of this indemnification are solely for the
benefit of the parties hereto and not intended to create or grant any rights,
contractual or otherwise, to any other person or entity.
Section 13. Insurance:
a. NTACA shall obtain and maintain at all times during the term of
this agreement liability insurance on each student in an amount of not less than
Three Million Dollars ($2,000,000) aggregate and not less than One Million
Dollars ($1,000,000) per single occurrence and shall furnish City with a
certificate showing proof of such coverage and the declaration page of the policy.
Such insurance policy shall name City as an additional named insured as respects
any covered liability arising out of the performance of this Agreement. Coverage
shall be on an occurrence form and in accordance with the limits and provisions
specified herein. Claims-made policies are not acceptable. Such insurance shall
not be cancelled or materially altered to reduce the policy limits until City has
received at least forty-five (45) days' advance written notice of such cancellation
or change, so that City will have the option of terminating this Agreement before
the effective date of such cancellation or change. NTACA shall be responsible
for notifying Town of such change or cancellation.
b. Prior to performance of any other obligation contained herein,
NTACA shall file with City required original certificates of insurance with
endorsements, which shall clearly state all of the following:
(i) the policy number, name of insurance company; name and
address of the agent or authorized representative; name, address, and
telephone number of insured; policy expiration date; and specific coverage
amounts; and
(ii) that NTACA's insurance is primary as respects any other
valid or collectible insurance that City may possess; and any other
insurance City does possess shall be considered excess insurance only and
shall not be required to contribute with this insurance.
C. Any insurance provider of NTACA shall be admitted and
authorized to do business in the State of Texas and shall be rated at least A:V in A.M.
Best & Company's Insurance Guide. Insurance policies and certificates issued by
non-admitted insurance companies are not acceptable.
d. Any deductibles or self-insured retentions must be stated on
NTACA's certificates of insurance, which shall be sent to and approved by City.The
NTACA agrees to procure and maintain, at a minimum, $1,000,000.00 liability
insurance policy providing coverage against any and all claims for personal injury or
property damage arising out of acts, errors, or omissions of the NTACA, its officers,
employees, or agents under or pursuant to this Agreement.
IN WITNESS WHEREOF, we have hereunto set our hands this the
day of 1 2016 in the duplicate originals.
North Texas Animal Control Authority City of Kennedale
By: Charles Kerry Payne, Owner By: Brian Johnson
Mayor
Attest: Attest:
By: Witness By: City Secretary
KENNEDALE
You're Here,Your Home
www.cityofkennedale.com Staff Report to the Honorable Mayor and City Council
Date: January 23, 2017
Agenda Item No: EXECUTIVE SESSION -A.
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 legal issues regarding litigation, settlement offers, and/or claims regarding the
following matters:
1. Keith Kidwill vs The City of Kennedale, Texas
2. Waiver of Attorney/Client Privilege
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. 108 New Hope Road
2. 6727 Hudson Village Creek Road
3. 532 Trent Street
The Kennedale City Council will meet in closed session pursuant to Section 551.087 of the Texas
Government Code to deliberate the offer of a financial or other incentive to a business project with whom
the city is conducting economic development negotiations.
1. Discuss a 380 Agreement for Hospitality Project
The City Council will meet in closed session pursuant to Section 551.074 of the Texas Government Code
to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a
public officer or employee.
1. Appoint Interim City Manager
II. Originated by:
III. Summary:
At this time the city council will meet in executive session.
IV. Fiscal Impact Summary:
V. Legal Impact:
VI. Recommendation:
VII.Alternative Actions:
405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817-985-2100 1 Fax: 817-478-7169
VIII.Attachments: