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2017_03.20 CC Packet KENNEDALE You're Here,Your Home www.cityofkennedale.com KENNEDALE CITY COUNCIL AGENDA REGULAR MEETING March 20, 2017 CITY HALL COUNCIL CHAMBERS, 405 MUNICIPAL DRIVE WORK SESSION at 5:30 PM REGULAR SESSION at 7:00 PM I. CALL TO ORDER *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. II.WORK SESSION A. Discussion of items on regular agenda III. REGULAR SESSION IV. ROLL CALL V. INVOCATION VI. UNITED STATES PLEDGE AND TEXAS PLEDGE "Honor the Texas Flag; I Pledge Allegiance to Thee, Texas, One State under God; One and Indivisible." VII.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. VIII. 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 the City Council B. Updates from the Mayor C. Updates from the Interim City Manager 405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817-985-2100 1 Fax: 817-478-7169 IX. MONITORING INFORMATION A. Monthly Financials— February 2017 B. Executive Limitations C. Ends Review— Balanced Scorecard X. INCIDENTAL ITEMS A. Presentation of the 2016 Library Excellence Award from the Texas Municipal Library Directors Association XI. REQUIRED APPROVAL ITEMS (CONSENT) All matters listed under required approval items (consent) have been previously discussed, require little or no deliberation, or are considered to be routine by the council. If discussion is desired, then an item will be removed from the consent agenda and considered separately. A. Consider approval of minutes from February 27, 2017 regular meeting B. Consider approval of a city-developer agreement for the Hilltop Addition C. Consider approval of a contract extension for Interim City Manager XII. DECISION ITEMS A. CASE# PZ 17-03 to hold a public hearing and consider a request by Adlai Pennington for a replat of approximately 8.3 acres at 501 Corry A Edwards Dr and 260 3rd Street, legal description of Hilltop Addition Lots 1-15, and to include a final plat of Jacob Prickett Survey A-1225, to create Hilltop Addition Lots 1-16 Block A and Lots 1-17 Block B, and two common area lots. 1. Staff presentation 2. Applicant presentation 3. Public hearing 4. Applicant response 5. Staff response and summary 6. Action by the City Council XIII. EXECUTIVE SESSION A. The City Council will meet in closed session pursuant to Section 551.071 of the Texas Government Code for consultation with the City Attorney pertaining to any matter in which the duty of the City Attorney under the Texas Disciplinary Rules of Professional Conduct may conflict with the Open Meetings Act, including discussion of any item posted on the agenda and legal issues regarding amortization of nonconforming uses and proposed annexation. 1. Final Payment for Booster Pump Project B. The City Council will meet in closed session pursuant to Section 551.072 of the Texas Government Code to deliberate the purchase, exchange, lease, or value of real property for the following: 1. 108 New Hope Road 2. 6727 Hudson Village Creek (Kennedale Speedway Park) 3. 6820 Oak Crest West 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 March 20, 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. Leslie Galloway, City ecretary KENNEDALE You're Here,Your Home www.cityofkennedale.com Staff Report to the Honorable Mayor and City Council Date: March 20, 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: March 20, 2017 Agenda Item No: REPORTS/ANNOUNCEMENTS -A. I. Subject: Updates from the City Council II. Originated by: City Council, City Council III. Summary: Updates and information from Council members . IV. Fiscal Impact Summary: V. Legal Impact: VI. Recommendation: None VII.Alternative Actions: VIII.Attachments: 405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817-985-2100 1 Fax: 817-478-7169 KENNEDALE You're Here,Your Home www.cityofkennedale.com Staff Report to the Honorable Mayor and City Council Date: March 20, 2017 Agenda Item No: REPORTS/ANNOUNCEMENTS - B. I. Subject: Updates from the Mayor II. Originated by: III. Summary: Updates and information from the Mayor. IV. Fiscal Impact Summary: V. Legal Impact: VI. Recommendation: VII.Alternative Actions: VIII.Attachments: 405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817-985-2100 1 Fax: 817-478-7169 KENNEDALE You're Here,Your Home www.cityofkennedale.com Staff Report to the Honorable Mayor and City Council Date: March 20, 2017 Agenda Item No: REPORTS/ANNOUNCEMENTS - C. I. Subject: Updates from the Interim City Manager II. Originated by: Bob Hart III. Summary: Updates and information from Interim City Manager, if any. IV. Fiscal Impact Summary: V. Legal Impact: VI. Recommendation: VII.Alternative Actions: VIII.Attachments: 405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817-985-2100 1 Fax: 817-478-7169 KENNEDALE You're Here,Your Home www.cityofkennedale.com Staff Report to the Honorable Mayor and City Council Date: March 20, 2017 Agenda Item No: MONITORING INFORMATION -A. I. Subject: Monthly Financials— February 2017 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. Monthl Financials- February 2017 017_02 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 FEBRUARY FUND 99 CASH BALANCES 1201 GENERAL FUND 2,599,986 1202 DEBT SERVICE 30,975 1204 CAPITAL PROD- ST CONSTRUCTION 57,886 1205 VEHICLE FUND 166,748 1207 STORM DRAINAGE UTILITY FUND 143,741 1210 WATER AND SEWER FUND 203,746 1212 COURT SECURITY FUND 11,808 1213 CIP FUND - 1998 CO - 1214 PARK DEDICATION FUND 195,877 1215 ECO DEV CORPORATION 75,250 1216 COURT TECHNOLOGY FUND 4,829 1217 STREETS IMPROVEMENT FUND 232,124 1218 JUVENILE CASE MANAGER FUND 23,369 1221 KENNEDALE TIFF#1 FUND 3,809 1231 POLICE SEIZURE FUND 0 1232 LIBRARY BUILDING FUND 10,205 1234 LEOSE FUND 1,800 1241 DONATION FUND 9,470 1245 ROADWAY IMPACT FEE FUND 79,207 1261 WATER IMPACT FEE FUND 145,176 1262 SEWER IMPACT FEE FUND 109,068 1283 TREE REFORESTATION FUND 67,963 1285 UNCLAIMED PROPERTY FUND 1,990 1295 EDC FIXED ASSET/RESERVE 120,255 "YOU'RE HERE. YOUR HOME." CITY OF KENNEDALE ANNUAL PROGRAM OF SERVICES FEBRUARY REVENUE SUMMARY BY FUND FY15-16 FY15-16 FY16-17 FY16-17 CURRENT FY16-17 CY-PY %OF PY BUDGET %OF CY BUDGET BUDGET REVENUES YTD ACTUAL ADOPTED AMENDED MONTH YTD CHANGE EARNED EARNED REMAINING GENERALFUND 4,013,149 6,360,884 6,201,455 6,201,455 585,188 3,998,457 (54,789) 64.1% 64.5% 2,202,998 OTHER GENERAL FUNDS 362,820 1,572,545 1,645,165 1,645,165 119,760 346,184 501,200 #DIV/01 21.0% 1,298,981 GENERALFUND 4,375,968 7,933,428 7,846,620 7,846,620 704,948 4,344,641 446,411 59.1% 55.4% 3,501,979 GENERAL DEBT SERVICE FUND 1,086,333 5,080,493 1,370,311 1,370,311 107,597 1,072,591 43,928 79.2% 78.3% 297,721 WATER/SEWER FUND 1,240,131 6,038,341 4,991,835 4,991,835 344,361 1,395,649 589,602 28.2% 28.0% 3,596,186 STORMWATER UTILITY FUND 94,566 242,743 491,826 315,826 111,628 176,642 244,001 38.2% 35.9% 139,184 WATER IMPACT FUND 41,192 186,468 68,658 68,658 14,730 25,596 (96,382) 25.0% 37.3% 43,062 SEWER IMPACT FUND 11,201 58,300 28,315 28,315 4,071 4,203 (21,687) 22.4% 14.8% 24,111 WATER/SEWER FUND 1,387,069 6,525,853 5,580,634 5,404,634 474,790 1,602,090 715,534 28.5% 26.7% 3,802,543 EDC413 FUND 175,806 627,660 933,227 933,227 48,219 161,719 263,373 27.1% 19.5% 751,509 CAPITAL FUND 186,973 860,623 124,020 124,020 13,284 29,186 (725,514) 22.0% 23.5% 94,634 SPECIAL REVENUE FUND 13,958 300,088 151,223 151,223 1,800 92,889 (185,578) 4.1% 61.4% 58,334 TOTAL REVENUES $7,226,127 21,328,145 $ 16,006,035 EXPENDITURE SUMMARY BY FUND FY15-16 FY15-16 FY16-17 FY16-17 CURRENT FY16-17 CY-PY %OF PY BUDGET %OF CY BUDGET BUDGET EXPENDITURES YTD ACTUAL AROPTED AMENDED MONTH YTD CHANGE EXPENSED EXPENSED REMAINING GENERALFUND 2,362,234 5,895,262 6,489,307 6,489,307 543,249 2,399,711 308,000 38.2% 37.0% 4,089,596 CAPITAL REPLACEMENT FUND 67,504 109,462 673,316 673,316 12,014 113,910 562,641 61.0% 16.9% 559,406 COURT SECURITY FUND 550 2,606 1,152 1,152 - - (406) 35.3% 0.0% 1,152 COURT TECHNOLOGY FUND 5,066 3,096 5,555 5,555 - 8,295 (10,531) 31.5% 149.3% (2,740) STREET IMPROVEMENT FUND 399,046 1,064,114 1,194,893 1,194,893 4,210 280,622 (583,391) 22.4% 23.5% 914,271 JUVENILE CASE MANAGER FUND 8,322 11,200 12,680 12,680 909 4,282 1,328 73.3% 33.8% 8,399 PARK REC/OTHER DONATION FUND - - 24,791 24,791 - 25,296 24,791 0.0% 102.0% (505) TREE REFORESTATION FUND - - - - - - - 0.0% 0.0% - UNCLAIMED PROPERTY FUND - - - - - - - 0.0% 0.0% - GENERALFUND 2,842,723 7,085,740 8,401,694 8,401,694 560,382 2,632,116 302,432 35.1% 33.7% 5,569,578 GENERAL DEBT SERVICE FUND 1,008,686 5,079,006 1,365,627 1,365,627 762,685 1,054,662 1,760 74.0% 77.2% 310,945 WATER/SEWER FUND 1,862,052 4,421,886 4,829,775 4,527,925 601,261 1,488,842 248,373 40.6% 30.8% 3,039,083 STORMWATER UTILITY FUND 29,550 130,137 571,157 571,157 16,099 92,525 381,950 15.6% 16.2% 478,632 WATER IMPACT FUND - 171,200 154,415 154,415 - - (16,785) 0.0% 0.0% 154,415 SEWER IMPACT FUND - - 60,000 60,000 - - 60,000 0.0% 0.0% 60,000 WATER/SEWER FUND 1,891,601 4,723,224 5,615,347 5,313,497 617,360 1,581,367 673,536 36.3% 26.2% 3,732,129 EDC4B FUND 168,956 716,004 803,880 803,680 19,623 179,388 57,463 22.6% 22.3% 624,492 CAPITAL FUND 304,677 536,650 216,239 216,239 2,624 66,306 (664,005) 34.6% 39.9% 129,932 SPECIAL REVENUE FUND 17,973 254,518 151,222 140,005 38,653 79,820 (185,545) 5.3% 52.8% 60,185 "YOU'RE HERE.YOUR HOME." CITY OF KENNEDALE ANNUAL PROGRAM OF SERVICES FEBRUARY EXPENDITURE SUMMARY BY DEPARTMENT FY15-16 FY15-16 FY16-17 FYI 6-17 CURRENT FYI 6-17 CY-PY %OF PY BUDGET %OF CY BUDGET BUDGET GENERALFUND YTD ACTUAL ADOPTED AMENDED MONTH YTD CHANGE EXPENSED EXPENSED REMAINING CITY MANAGER 116,033 291,243 283,123 283,123 78,642 161,961 (10,455) 39.5% 57.2% 121,162 MAYOR/CITYCOUNCIL 27,046 94,108 140,157 140,157 9,448 43,449 51,481 30.5% 31.0% 96,708 CITY SECRETARY 42,228 136,655 160,328 160,328 18,799 55,538 13,166 28.7% 34.6% 104,791 MUNICIPAL COURT 31,573 121,408 121,230 121,230 8,621 42,481 (5,456) 24.9% 35.0% 78,749 HUMAN RESOURCES 46,227 119,141 122,616 122,616 10,844 52,608 (1,948) 37.1% 42.9% 70,009 FINANCE 172,217 312,129 296,688 296,688 62,524 132,316 (27,243) 53.2% 44.6% 164,372 POLICE 841,272 2,093,230 2,381,270 2,381,270 132,516 848,824 163,126 0.0% 35.6% 1,532,446 FIRE 647,116 1,692,949 1,826,031 1,826,031 128,825 617,557 107,917 37.7% 33.8% 1,208,474 COMMUNITY DEVELOP 137,594 409,154 332,442 332,442 25,914 109,348 (107,038) 31.3% 32.9% 223,094 SENIOR CITIZEN CENTI 18,279 48,148 54,612 54,612 1,842 16,613 535 33.8% 30.4% 37,998 LIBRARY 98,964 251,830 259,591 259,591 23,466 101,923 5,468 38.9% 39.3% 157,668 NONDEPARTMENTAL 183,684 325,268 511.21° 511,218 41,809 217,093 118,447 46.8% 42.5% 294,125 TOTAL EXPENDITURE:$2,362,234 $5,895,262 ,.489,3.1 $6,489,307 $ 543,249 $2,399,711 $ 308,000 38.2% 37.0% $ 4,089,596 FY15-16 FY15-16 FY16-17 FY16-17 CURRENT FY16-17 CY-PY %OF PY BUDGET %OF CY BUDGET BUDGET WATER/SEWER FUND YTD ACTUAL ADOPTED AMENDED MONTH YTD CHANGE EXPENSED EXPENSED REMAINING UTILITY BILLING 407,137 1,210,463 1,704,198 1,704,198 99,372 280,021 360,423 30.3% 16.4% 1,424,177 WATER OPERATIONS 647,412 1,181,360 1,477,946 1,477,946 135,673 464,472 (242,336) 37.6% 31.4% 1,013,475 DEBT 450,087 170,941 511,309 511,309 308,222 461,034 5,837 89.0% 90.2% 50,274 CAPITAL - - 301,850 301,850 14,413 45,704 301,850 0.0% 15.1% 256,146 NONDEPARTMENTAL 357,415 1,859,122 834.472 834,472 57,994 283,314 (177,401) 35.3% 34.0% 551,157 TOTAL EXPENDITURE'.$1,862,052 $4,421,886 $4,829,775 $ 615,673 $1,534,546 $ 248,373 40.6% 31.8% $ 3,295,229 FY15-16 FY15-16 FY16-17 FY16-17 CURRENT FY16-17 CY-PY %OF PY BUDGET %OF CY BUDGET BUDGET STREETIMPROVEMEN YTD ACTUAL ADOPTED AMENDED MONTH YTD CHANGE EXPENSED EXPENSED REMAINING STREETS 353,298 939,911 712,452 712,452 55,162 252,264 (925,831) 21.6% 35.4% 460,188 PARKS MAINTENANCE 45,748 124,202 116,409 116,409 4,210 28,358 (23,591) 32.7% 24.4% 88,051 CAPITAL `!66 r 366,032 1.940 281.561 366.032 0.0% 76.9% 84.471 TCf 1X ; ITURt@$ 399,046 $1,064,114 94,8:. $1,194,893 $ 61,312 $ 562,183 $(583,391) 22.4% 47.0% $ 632,710 FY15-16 FY15-16 FY16-17 FYI 6-17 CURRENT FY16-17 CY-PY %OF PY BUDGET %OF CY BUDGET BUDGET EDC4BFUNDS YTD ACTUAL ADOPTED AMENDED MONTH YTD CHANGE EXPENSED EXPENSED REMAINING ADMINISTRATION 60,521 335,951 270,167 270,167 11,847 69,865 93,701 18.2% 25.9% 200,302 DEBT SERVICE 89,623 318,692 323,419 323,419 4,627 87,152 3,526 28.0% 26.9% 236,267 TOWN SHOPPING CEN 18,813 44,622 120,295 120,295 3,349 22,372 69,811 37.3% 18.6% 97,923 TOWNCENTER REDEVI - - 90,000 90,000 - - - 0.0% 0.0% 90,000 TX LEVERAGE - 18,739 - - - (50,000) 0.0% 0.0% - TOTAL EXPENDITURE:$ 168,956 $ 718,004 $ 803,880 $ 19,823 $ 179,388 't 117,038 23-4% 22.3% $ 624,492 "YOU'RE HERE.YOUR HOME." KENNEDALE You're Here,Your Home www.cityofkennedale.com Staff Report to the Honorable Mayor and City Council Date: March 20, 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: March 20, 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. Februa 2017 lKennedale Strategy feb 2017. df 405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817-985-2100 1 Fax: 817-478-7169 W � � O Q N W A y z 3 z W V al a 0) C LL (1) W a) � N U Z a.., > O > i LU • Q} W L J = J O 2 r~r} L U-) U (n ro U? O ~ d W LL • . O • U M 4L O f� z L a5 J 4-) U) oc � 0 ' � L W rQ o a� 2 • ~ 7:; v c w w ' LL — ~ CL m CL � 4-1 L 4-1 • O , Q i• O co W L Q Q - Q • ,-r � z J . U} U v1 w O LL a • ' 0 O a� Q • x w u X w W� z w D a i _ > c4 uj rB Q E OU v U w a� V ru u ro LO 77 C N s CU _ ca (n Q a , _ fa m p Y W m x ppr fir' r • a ! ! r a]INI NOIiV(]NnO VIDNVNLI KENNEDALE You're Here,Your Home www.cityofkennedale.com Staff Report to the Honorable Mayor and City Council Date: March 20, 2017 Agenda Item No: INCIDENTAL ITEMS-A. I. Subject: Presentation of the 2016 Library Excellence Award from the Texas Municipal Library Directors Association II. Originated by: III. Summary: Libby Holtmann, Library Director of Plano Public Libraries will present Mayor Johnson and the Kennedale Public Library with the 2016 Library Excellence Award from the Texas Municipal Library Directors Association. IV. Fiscal Impact Summary: V. Legal Impact: VI. Recommendation: Approve VII.Alternative Actions: VIII.Attachments: 1. ward Letter k016 Library Excellence Award Letter. df P. 11-ibrary Award Press Release P01 7 02.10 Library Excellence Award. df 405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817-985-2100 1 Fax: 817-478-7169 t as Municipal Library ectors Association January 17, 2017 Honorable Mayor Brian Johnson City of Kennedale 405 Municipal Dr. Kennedale, TX 76060 Dear Mayor Johnson, Congratulations are in order to the Kennedale Public Library. You have been awarded the 2016 Achievement of Library Excellence Award from the Texas Municipal Library Directors Association. Of the 548 public library systems in the State of Texas, only 43 received the 2016 award. The Kennedale Public Library has demonstrated excellence in all ten areas required to qualify.. Please accept our sincere congratulations to a library that provides quality services and programs for the continued education and personal enrichment of its citizens. Again, congratulations on this achievement. Sincerely, } ,a Libby Holt a Piano Public Library System Achievement of Library Excellence Award Committee Texas Municipal Library Directors Association An Affiliate Organization of the Texas Municipal League PRESS RELEASE Kennedale Receives Library Excellence Award The Kennedale Public Library is honored to have received the 2016 Achievement of Library Excellence Award from the Texas Municipal Library Directors Association. Only 43 of the 548 public libraries in Texas earned this award,which recognizes libraries for their commitment to service and the enrichment of the community they serve, demonstrated by: SUMMER READING PROGRAM PROGRAMMING FOR ALL AGES FOCUS ON UNDERSERVED POPULATIONS LITERACY SUPPORT ENHANCED SERVICE OFFERINGS COLLABORATIVE EFFORTS ROBUST MARKETING MATERIALS ONGOING STAFF TRAINING POLICIES AND PROCEDURES LIBRARY WEB PRESENCE In its ongoing efforts to reach all audiences, the Kennedale Library recently began offering Hoopla, an app that allows cardholders to access more than 500,000 free CDs, movies, comic books,eBooks,TV shows, and audiobooks—all from your phone or tablet. Each cardholder can check out five titles per month, and there's an optional kid-safe filter. "Our number one priority is to better patrons' lives through education and service," said Library Director Amanda King. "We want the library to be a community hub that connects, educates, and empowers residents of all ages, and I think we're achieving that." Weekly programs include Crochet Club (Tuesdays at 6:00 p.m.), Babygarten (Tuesdays at 11:00 a.m.) Storytime (Wednesdays at 10:30 a.m.), LEGO' Club (Fridays at 4:00 p.m.), and Family Movie Matinees (Saturdays at 3:00 p.m.), Golden Reader's Book Club (first Fridays at 10:00 a.m. at the Senior Center). Watch for"Sew Cute!" in May, and the Mayor's Summer Reading Club,which kicks off at June 3, 2017 at 2:00 p.m. in the Community Center.View all upcoming dates at www.cityofkennedale.com/cal. In addition to programs,the Kennedale Public Library circulated 20,288 items during 13,307 visits in 2016, and offered 129 programs to the community. More than 6,800 people currently have a Kennedale Public Library card. If you're not one of them, please stop by the library at 316 W 3`d Street with a photo I.D. and a second pre-printed proof of address (e.g., utility bill or lease). For more information, please call 817-985-2136 or visit www.kennedalelibrary.org. 1 DID YOU KNOW? - The Kennedale Public Library partners with other local libraries to expand its offerings.Any Kennedale resident with a Kennedale Public Library consortium card can also check out items from any Arlington or Mansfield library.Or,if you'd L prefer,we can request materials from those libraries and hold it for you at the circulation desk. .. Visit fiww.morelibrary.org/into/getting started for more information. PRESS CONTACT Leslie Galloway, City Secretary& Communications Coordinator leallowayocityofkennedale.com 1 817-985-2104 KENNEDALE You're Here,Your Home www.cityofkennedale.com Staff Report to the Honorable Mayor and City Council Date: March 20, 2017 Agenda Item No: REQUIRED APPROVAL ITEMS (CONSENT) -A. I. Subject: Consider approval of minutes from February 27, 2017 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--Tc—ity Council Regular Meeting Minutes- February 27, 2017 -27-17. df 405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817-985-2100 1 Fax: 817-478-7169 )c KENNEDALE You're Here,Your Home www.cityofkennedale.com KENNEDALE CITY COUNCIL MINUTES REGULAR MEETING February 27, 2017 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 5:31 p.m. II. WORK SESSION A. Presentation of the annual audit— Comprehensive Annual Financial Report (CAFR) Finance Director Krystal Crump introduced Paula Lowe from Pattillo Brown and Hill. Paula Lowe provided an overview of the report, noting that the independent auditor's report states Pattillo, Brown and Hill performed the audit under all regulations and typical practices. She added that the last page of table of contents shows a 10 year overview. B. Discussion of items on regular agenda No items were discussed at this time. III. EXECUTIVE SESSION Mayor Johnson recessed into executive session at 5:49 p.m. A. The City Council will meet in closed session pursuant to Section 551.074 of the Texas Government Code to deliberate the appointment, employment, and duties of the City Manager. 1. Interview candidates for City Manager position RECONVENED INTO OPEN SESSION AT 6:49 P.M. No action was taken B. The City Council may meet in closed session at any time during the Work Session or the Regular Session, pursuant to Section 551.071 of the Texas Government Code for consultation with the City Attorney pertaining to any matter in which the duty of the City Attorney under the Texas Disciplinary Rules of Professional Conduct may conflict with the Open Meetings Act, including discussion on any item posted on the agenda and legal issues regarding litigation, settlement offers, and/or claims regarding the following matters: 1. Keith Kidwill vs. The City of Kennedale, Texas Mayor Johnson recessed into second executive session at 7:42 p.m. 405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817-985-2100 1 Fax: 817-478-7169 C. 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 (Kennedale Speedway Park) 3. 6820 Oak Crest West IV. RECONVENE INTO OPEN SESSION, AND TAKE ACTION NECESSARY PURSUANT TO EXECUTIVE SESSION, IF NEEDED Mayor Johnson reconvened into open session at 7:58 p.m. No action required. V. REGULAR SESSION Mayor Johnson opened the regular session at 7:00 p.m. VI. ROLL CALL Present: Frank Fernandez, Brian Johnson , Kelly Turner, Charles Overstreet, Michael Walker Absent: Liz Carrington VII. INVOCATION Pastor Greg Adams from Covenant Life Baptist Church provided the invocation. VIII. UNITED STATES PLEDGE AND TEXAS PLEDGE IX. VISITOR/CITIZEN'S FORUM Rockie Gilley, 220 South Dick Price Road stated that last September the City commissioned a survey be conducted by UTA. The overall respondents found Kennedale to be a safe place to live. Overall, they were unhappy with the quality of the water, the water and sewer rates, and said the city could use some cleaning up. There were 300 respondents, which is probably 5% of all adults. A question was asked, of the three services offered by Kennedale, which needs the most improvement? He provided percentages to this question. In closing, he asked Council to review the survey and listen to the citizens' concerns. Jan Joplin, 204 Hilltop stated that she would like to respond to the reply given to her in the December letter. The biggest question she had was what happened to the $800,000 that was said to be used for sewer repairs. She added that this question was not answered. The Kennedale News followed up with Mr. Hart, where he addressed the $800,000 as an estimate. She stated that she is not going for that explanation and thinks this is a huge issue. We were told an amount of $800,000 and it wasn't a true statement. She added that Bob Hart mentioned that she asked about the SOBs; and she only wanted to make it clear that she was questioning the amount spent to close them. She also wants to know what the expected cost and timeline will be to close the racetracks and salvage yards, Jack Thompson, 129 Sunny Meadows Drive, Burleson stated that he was here on behalf of the Kennedale Chamber. He announced that the Chamber would be hosting a candidate forum in April, and as soon as the venue and date are selected they will post the information on the Chamber's Facebook page and website. Page 2of5 X. REPORTS/ANNOUNCEMENTS A. Updates from the City Council Councilman Kelly Turner stated that he had attended the bimonthly REPAC and EPPC meetings; noting that both of these are NCTCOG committees that meet regarding emergency preparedness. B. Updates from the Mayor Mayor Brian Johnson stated that he and George Campbell attended the SETTP meeting. He noted that Proposition 1 and Proposition 7 in transportation funding will not be increased, as expected. This will once again push back the 20/820/287 interchange improvement project. Brian also expressed well wishes to Krystal as she leaves Kennedale for a position at White Settlement. And, on a sad note, he expressed condolences to Councilman Mike Walker, whose mother passed away Saturday. C. Updates from the Interim City Manager Interim City Manager George Campbell stated that in the last 21 days, he has met a lot of residents and heard a lot of great things. George also wished Krystal well. In closing, he stated that he has a lot to learn about the city, and that staff have been incredibly positive and supportive as he learns what's going on. XI. MONITORING INFORMATION A. Monthly Financials —January 2017 B. Executive Limitations C. Ends Review— Balanced Scorecard Monitoring information updates are in the agenda packet for review. XII. INCIDENTAL ITEMS A. Discuss and approve the budget calendar for FY2017 Finance Director Krystal Crump provided an overview of the budget calendar for the fiscal year 2016-17. She highlighted the dates for the budget workshop, the planning session, and the budget kickoff. XIII. REQUIRED APPROVAL ITEMS (CONSENT) A. Consider approval of amended minutes from January 14, 2017 special meeting B. Consider approval of minutes from January 23, 2017 regular meeting C. Consider approval of minutes from February 11, 2017 special meeting D. Consider approval of minutes from February 17, 2017 special meeting Page 3of5 E. Consider acceptance of the Vineyards subdivision (Phases 1 and 2) F. Review and accept an amended racial profiling data sheet G. Consider approval of an interlocal agreement with Tarrant County for roadway striping Motion To approve all required approval Items on (Consent) agenda. Action Approve, Moved By Kelly Turner, Seconded By Charles Overstreet. Motion passed Unanimously XIV. DECISION ITEMS A. CASE # PZ 17-04 to hold a public hearing and consider approval of Ordinance 622 regarding an amendment to the Unified Development Code (UDC), as adopted by Ordinance 605, to amend Article 10 General Provisions for All Districts Section 10.17 "Walls and Fences" and Article 13 Landscaping, Screening, and Lighting Sections 13.6 "Buffering" and 13.8 "Screening." 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 last month Council approved updates to the screening regulations; at that time Council members and Planning and Zoning requested specific updates to the screening regulations when you have topographical changes. The purposed changes would require the use of a berm or retaining wall when needed. Public Hearing: Mayor Johnson opened the public hearing; there was no one present requesting to speak. Mayor Johnson closed the public hearing. There was no further discussion. Motion To approve Ordinance 622 amending the Unified Development Code. Action Approve, Moved By Frank Fernandez, Seconded By Kelly Turner. Motion passed Unanimously B. Discuss and consider approval of independent auditor's report (Comprehensive Annual Financial Report (CAFR)) for the fiscal year ended September 30, 2016 Paula Lowe with Pattillo Brown and Hill provide the presentation of the Comprehensive Annual Financial Report (CAFR) for fiscal year end, September 30, 2016. She informed the Council that they have an unmodified opinion on these financial statements, and that is the highest opinion that can be written. There were no items to bring to Council's attention. Councilman Mike Walker stated that there have been some feelings in the community that Patillo, Brown and Hill are in some way connected to our past city manager. He questioned if Page 4of5 she was aware of any kind of connection? Ms. Lowe replied no. Mayor Johnson asked how many cities they provide auditing services for. She replied 50 to 60 other cities. Councilman Kelly Turner requested a 5th grade explanation of what the CAFR is? Ms. Lowe stated that their responsibility as auditors is to come in and look at the numbers and supporting documentation and to be able to say that the financial statements aren't misleading to the users. She continued, stating that as part of that process, there are standards that must be met, and normally they work in-house on the audit for 3-4 weeks. Councilman Frank Fernandez questioned how long the firm has been in business? She replied, since 1923. Frank asked if they have ever been asked to do a forensic audit. Paula stated yes, but it is not typical. Mayor Johnson stated that the city does follow standard accounting practices and internal controls. Paula stated that this was correct. Motion To approve the 2016 Comprehensive Annual Financial Report. Action Approve, Moved By Charles Overstreet, Seconded By Frank Fernandez. Motion passed Unanimously APPROVED: ATTEST: Brian Johnson, Mayor Leslie Galloway, City Secretary Page 5of5 KENNEDALE You're Here,Your Home www.cityofkennedale.com Staff Report to the Honorable Mayor and City Council Date: March 20, 2017 Agenda Item No: REQUIRED APPROVAL ITEMS (CONSENT) - B. I. Subject: Consider approval of a city-developer agreement for the Hilltop Addition II. Originated by: III. Summary: As part of approving final plats, city code requires approval of a city-developer agreement. This agenda item is to consider approval of the agreement between the City of Kennedale and the developer of the Hilltop Addition (MKP Development). The agreement describes the respective responsibilities assigned to the City and the developer in terms of infrastructure and facilities to be provided. The agreement uses the City's standard language for city- developer agreements and addresses topics such as who is responsible for the costs of installing water and sewer lines and street lights and the bonds we require a developer to have. IV. Fiscal Impact Summary: V. Legal Impact: VI. Recommendation: Approve VII.Alternative Actions: VIII.Attachments: 1 Hillto Cit -Devlo er Agreement lHiltop CDA. df 405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817-985-2100 1 Fax: 817-478-7169 CITY OF KENNEDALE DEVELOPER'S AGREEMENT FOR THE i HILLTOP ADDITION 3 STATE OF TEXAS § COUNTY OF TARRANT § �! THIS AGREEMENT is entered into on the day of 2017, between the City of Kennedale, Texas, hereinafter referred to as the "CITY", and MKP Development, whose address is 1375 Gilman Rd, Fort Worth, Texas, hereinafter referred to as the "DEVELOPER." WHEREAS the DEVELOPER has requested the CITY to permit the platting � and/or development of a tract of land known as Hilltop Addition (the "Addition"); and WHEREAS, the CITY has approved such platting and/or development which requires the construction of community facilities and improvements to serve the Addition as provided herein; and WHEREAS, this Agreement shall operate as a covenant running with the land and shall be binding upon the DEVELOPER and its successors, heirs, assigns, grantees, trustees and representatives; and WHEREAS, the DEVELOPER has agreed to create a homeowner's association for the Addition which shall be considered to be a successor and assign of the DEVELOPER for purposes of carrying out future obligations of the DEVELOPER pursuant to this Agreement. NOW, THEREFORE, the CITY and the DEVELOPER, in consideration of the mutual covenants and agreements contained herein, do mutually agree as follows: g Page 1 'I A. ZONING, PLATTING and ADDITION PLANNING All property owned by the DEVELOPER and located within the limits of the Addition shall be zoned and platted in accordance with the Zoning Ordinance and the Subdivision Ordinance of the CITY before any Building Permit will be issued. The DEVELOPER shall dedicate, at no cost to the CITY, all easements and other dedications as required by CITY regulations at the time of platting. The DEVELOPER shall comply with all requirements in this Agreement as a condition of approval of the Addition. B. PUBLIC IMPROVEMENTS II All public and private infrastructure improvements, including streets, utilities, drainage, sidewalks, street lighting, street signage, and all other required improvements, shall be provided by the DEVELOPER, at no cost to the CITY, in accordance with the Subdivision Ordinance and other Regulations of the CITY, and as approved by the City Engineer or his agent. Such improvements shall be installed within all applicable time frames in accordance with the Subdivision Ordinance of the CITY and this Agreement. The DEVELOPER shall employ a civil engineer licensed to practice under Chapter 1001 of the Texas Occupations Code for the design and preparation of plans and specifications for the construction of the public improvements. The DEVELOPER shall assume all responsibility for the adequacy and accuracy of the design, plans and specifications. Engineering studies, plan/profile sheets, and other construction documents (hereinafter referred to as the "Construction Plans") prepared by the licensed engineer shall be provided by the DEVELOPER at the time of platting. Such documents shall be approved by the City Engineer or his agent prior to approval and filing of a Final Plat/Replat. Construction of such improvements shall not be initiated until a Pre-Construction Conference has been conducted regarding the proposed construction. In accordance with the subdivision regulations and the Unified Development Code of the CITY, construction of all public improvements shall be subject to routine review by the City Engineer or his agent to evaluate conformance with the construction plans, project specifications and CITY standards. However, such review and evaluation shall not relieve the DEVELOPER, his engineer and/or agent of responsibility for the design, construction and maintenance of the improvements as set out in this Agreement and relevant ordinances of the CITY. Page 2 Upon completion of construction of public improvements as required by this Agreement, the Unified Development Code, and any other applicable development regulations, the DEVELOPER shall deliver to the CITY the following As-Built construction plans for the public improvements constructed or engineered by the DEVELOPER: 1. One FULL set in AutoCAD 14 (or the City's most recent version); 2. One FULL MYLAR set; 3. One FULL Blue-Line set; 4. One FULL PDF Set; 5. One Blue-Line copy of the executed ("filed") Final Plat sheet; 6. One 11" X 17" copy of the Final Plat Sheet; 7. Two (2) Blue-Line copies of the Water and Sanitary Sewer Layout sheet at a scale of 1:200; and 8. One Blue-Line copy of the Storm Drain Layout sheet at a scale of 1:200. 9. Shapefiles (GIS) providing the location of water and sanitary sewer layout and storm drain layout. The shapefiles shall be provided in the Texas NAD83 State Plane coordinate system for North Central Texas. No building permits will be issued for the Addition until all public improvements have been installed and inspected and a Letter of Acceptance has been issued by the City. C. CONSTRUCTION BONDS Prior to initiating any construction for the Addition, the construction contractor(s) for the DEVELOPER shall provide the CITY with one original and one quality copy of the following construction bonds: 1. PERFORMANCE BOND A good and sufficient Performance Bond in an amount equal to one hundred percent (100%) of the total contract price of the contract between the DEVELOPER and the Prime Contractor for the construction of public improvements (and any private improvements constructed in lieu thereof), guaranteeing the full and faithful execution of the work and performance of this contract and for the protection of the CITY against any improper execution of the work or the use of inferior materials. The Performance Bond shall guarantee completion of the improvements within one year of execution of this Agreement. Page 3 2. PAYMENT BOND A good and sufficient Payment Bond in an amount equal to one hundred percent (100°/x) of the total contract price of the contract between the DEVELOPER and the Prime Contractor for the construction of public improvements (and any private improvements constructed in lieu thereof), guaranteeing payment for all labor, materials and equipment used in the construction of the improvements. I 3. MAINTENANCE BOND A good and sufficient Maintenance Bond in an amount equal to one hundred percent (100%) of the total cost of the public improvements (and any private improvements constructed in lieu thereof), guaranteeing the maintenance in good condition of the facilities for a period of two (2) years from and after the date that a Letter of Acceptance is issued by the CITY indicating that the public improvements have been completed by the DEVELOPER and accepted by the CITY. Each of the above bonds shall be in a form acceptable to the CITY. Any surety company through which a bond is written shall be duly authorized to do business in the State of Texas, provided that the CITY, through its Mayor, shall retain the right to reject any surety company for any work under this Agreement regardless of such company's authorization to do business in the State of Texas. Approval by the City shall not be unreasonably withheld or delayed. D. STREETS 1. In conjunction with the platting and development of the Addition, all required on-site and off-site street improvements shall be constructed by the DEVELOPER in accordance with the plans and specifications prepared by the Developer's engineer and accepted by the CITY prior to the issuance of any Building Permit. Streets shall be constructed of portland cement and the DEVELOPER shall install curb and gutter in accordance with CITY standards or with the standards published in the North Central Texas Council of Government's Public Works Construction Standards, whichever is stricter. The CITY shall assume maintenance responsibilities of any public street improvements installed by the DEVELOPER once the two-year maintenance bond is released. The DEVELOPER shall be responsible for maintenance of all private drives or access ways. Page 4 2. Street lighting shall be installed by TXU Delivery Company or its agent ("TXU") in accordance with a street lighting layout plan provided by TXU and approved by the City Engineer or his agent. The DEVELOPER shall be responsible for the installation costs of any required street lighting as provided herein. E. SIDEWALKS Sidewalks are required to be installed by the Home Builder before a final inspection shall be approved in accordance with the CITY's Unified Development Code or Public Works Design Manual. F. UTILITIES 1. WATER All required on-site and off-site water mains, valves, fire hydrants and other improvements shall be constructed by the DEVELOPER in accordance with the plans and specifications prepared by the DEVELOPER's engineer and accepted by the CITY prior to the issuance of any building permit. The CITY shall assume maintenance responsibilities of the water system once the two-year maintenance bond is released. 2. SANITARY SEWER All required on-site and off-site sanitary sewer mains, manholes and other improvements shall be constructed by the DEVELOPER in accordance with the plans and specifications prepared by the DEVELOPER's engineer and accepted by the CITY prior to the issuance of any building permit. The CITY shall assume maintenance responsibilities of the sewer system once the two-year maintenance bond is released. 3. DRAINAGE All required on-site and off-site drainage improvements shall be constructed by the DEVELOPER in accordance with the plans and specifications prepared by the DEVELOPER's engineer and accepted by the CITY prior to the issuance of any building permit. The DEVELOPER agrees to comply with all applicable EPA, TCEQ and other Federal, State and local requirements relating to the planning, permitting and management of storm water. The DEVELOPER agrees Page 5 to construct the necessary drainage facilities within the Addition. These facilities shall be designed and constructed in accordance with the CITY's Subdivision Ordinance and the Construction Plans. The DEVELOPER agrees to comply with all provisions of the Texas Water Code. The City shall assume maintenance responsibilities of the drainage facilities once the two-year maintenance bond is released, with the exception of the detention facilities, which will be maintained by the DEVELOPER. G. PUBLIC FACILITIES TO BE PROVIDED BY THE CITY 1. The CITY makes no guarantee that water supply or wastewater treatment capacity will be available at any particular time or place, it being fully understood by both parties hereto that the ability of the CITY to supply water and wastewater services is subject to the CITY's water and wastewater system capacity. The CITY shall be the sole judge of the availability of such capacity to supply such water and/or wastewater services, provided, however, that the CITY will use its best efforts to insure that said water supply and wastewater treatment capacity is available. 2. The CITY notes to the Developer that along the South side of the Addition, a 12-inch diameter water main exists for connection. 3. The CITY notes to the Developer that along the South side of the Addition, a 6-inch diameter sanitary sewer main exists for connection. A sanitary sewer manhole is required for 6-inch and larger connections. 4. The DEVELOPER agrees to pay for all costs associated with connecting or looping to the existing water system on Corry A Edwards Drive as indicated on the approved plans. H. FEES TO BE PAID BY THE DEVELOPER 1. PLAT FEES The DEVELOPER has paid the CITY for all plat fees. The replat and final plat was approved by the CITY on March 20, 2017. 2. CONSTRUCTION INSPECTION FEES The DEVELOPER hereby agrees to pay the CITY construction Page 6 i i inspection fees equal to four percent (4%) of the construction costs of water and sanitary sewer infrastructure improvements and four percent (4%) of the construction costs of street and drainage improvements for the Addition. Payment is due prior to initiating construction of these infrastructure improvements. 3. STREET NAME SIGNS and TRAFFIC CONTROL DEVICE SIGNAGE The DEVELOPER is responsible for material costs, installation costs and maintenance costs of all street name signs, traffic control devices and school zone signs, including flashing light school zone signs as required by the City Engineer. All street name signs and traffic control device signs shall meet the current CITY standards or and comply with the requirements of the Texas Manual on Uniform Traffic Control Devices at the time of installation. Installation must be completed prior to CITY acceptance of the Addition's infrastructure improvements. Traffic Control or regulatory signs shall be installed by the DEVELOPER where required. 4. IMPACT FEES It is understood and agreed that impact fees will be assessed by the CITY at the time of final platting of the Addition, including the applicable sanitary sewer and water impact fees assessed by both the CITY and the City of Fort Worth. These fees must be paid prior to obtaining building permits for lots in the Addition. 6. PARK FEES Required park fees (in lieu of dedication of park land) shall be paid by the DEVELOPER before construction of the public improvements. The park fee for the Addition is calculated as follows: $1200.00 per lot. $1200 X 33 lots = $39,600.00. 6. PUBLIC UTILITIES The DEVELOPER agrees to pay the public utility companies (Charter Communications Cable Company, SBC Telephone Company, TXU Energy Company, TXU Gas Company and TXU Delivery Company) for their required costs of main installations, for street lighting, etc. for the Addition. I. GENERAL CONDITIONS 1. LAW COMPLIANCE Page 7 The DEVELOPER agrees to comply with all federal, state and local laws that are applicable to development of the Addition. 2. EROSION CONTROL During construction of the Addition and after the streets have been installed, the DEVELOPER agrees to keep the streets free from soil build-up. The DEVELOPER agrees to use soil control measures such as silt screening, hydromulch, etc., to prevent soil erosion. It will be the DEVELOPER'S responsibility to present to the City Engineer a soil control development plan that will be implemented for the Addition. When, in the opinion of the City Engineer or his agent, there is sufficient soil build-up on the streets or other drainage areas and notification has been given to the DEVELOPER, the DEVELOPER will have twenty-four (24) hours to clear the soil from the streets or affected areas. If the DEVELOPER does not remove the soil from the streets within the twenty-four (24) hours, the CITY may cause the soil to be removed either by contract or CITY forces and place the soil within the Addition at the DEVELOPER'S expense. All expenses incurred by the CITY in doing so must be paid to the CITY prior to acceptance of the Addition. 3. PRIVATE AMENITIES It is understood that the Addition may incorporate a number of unique amenities and aesthetic improvements such as ponds, aesthetic lakes, unique landscaping, fences and walls, street furniture, etc. and may incorporate specialty signage and accessory facilities. The DEVELOPER agrees to accept responsibility for the construction and maintenance of all such aesthetic or specialty items. The CITY shall not be responsible for the maintenance or replacement of these items under any circumstances. 4. AMENITIES WITHIN PUBLIC RIGHT-OF-WAY Only those amenities or specialty items listed in this section may be constructed within the public right-of-way. The CITY shall not be responsible for the replacement of these items under any circumstances. The DEVELOPER agrees to accept responsibility for the installation and maintenance of all landscaping and irrigation, as specified on the approved Construction Plans, within any open spaces or other public right-of-way within the Addition and agrees to indemnify and hold harmless the CITY from any and all damage, loss or liability of any kind whatsoever by reason of injury to property or third persons Page 8 occasioned by the location of these amenities within the public right-of- way, and the DEVELOPER shall defend and protect the CITY against all such claims and demands. The DEVELOPER shall replace any plants, trees, or grass that die with the same type of plant, tree, or grass that is the same size and in the same stage of growth as the landscaping that died. 5. VENUE Venue for any action brought hereunder shall be in Tarrant County, Texas. 6. ASSIGNMENT This Agreement or any part hereof or any interest herein shall not be assigned by the DEVELOPER without the express written consent of the Mayor, which consent shall not be unreasonably withheld. 7. HOMEOWNERS' ASSOCIATION DEVELOPER shall create a Homeowners' Association for the purpose of assuming the responsibility for continuing maintenance of facilities and infrastructure that are the responsibility of DEVELOPER. The provisions for the creation and operation of the Homeowners' Association shall be a covenant running with the land and shall provide for adequate funding of the Homeowners' Association for purposes of carrying out the obligations of this Agreement. The provisions for the creation and operation of the Homeowners' Association shall be subject to approval by the CITY. J. FINAL ACCEPTANCE OF SUBDIVISION INFRASTRUCTURE The CITY will not issue a Letter of Acceptance until the Addition's public improvements are completely constructed (Final Completion) to the satisfaction of the City Engineer or his agent. However, upon Substantial Completion, a "punch list" of outstanding items shall be presented to the DEVELOPER'S contractor(s) indicating those outstanding items and their deficiencies that need to be addressed for Final Completion of the Addition. The DEVELOPER agrees to deliver to the CITY clear and unencumbered title to all public improvements. Upon issuance of a Letter of Acceptance, title to all public improvements mentioned herein shall be vested in the CITY and the DEVELOPER hereby relinquishes any right, title or interest in and to such improvements or any part thereof. It is understood and agreed that the CITY shall have no liability or Page 9 responsibility in connection with such public improvements until the Letter of Acceptance is issued. K. NON-WAIVER The DEVELOPER expressly acknowledges that by entering into this Agreement, the DEVELOPER shall never construe this Agreement as waiving any of the requirements of the Zoning Ordinance or Subdivision Ordinance or any other ordinance of the CITY. L. HOLD HARMLESS AGREEMENT THE DEVELOPER SPECIFICALLY ACKOWLEDGES AND AGREES THAT APPROVAL BY THE CITY ENGINEER OR OTHER CITY EMPLOYEE OF THE CONSTRUCTION PLANS OR ANY OTHER PLANS, DESIGNS OR SPECIFICATIONS SUBMITTED BY THE DEVELOPER PURSUANT TO THIS AGREEMENT SHALL NOT CONSTITUTE OR BE DEEMED TO BE A RELEASE OF THE RESPONSIBILITY AND LIABILITY OF THE DEVELOPER, HIS ENGINEER, EMPLOYEES, OFFICERS OR AGENTS FOR THE ACCURACY AND COMPETENCY OF THEIR DESIGN AND SPECIFICATIONS. SUCH APPROVAL SHALL NOT BE DEEMED TO BE AN ASSUMPTION OF SUCH RESPONSIBILITY AND LIABILITY BY THE CITY FOR ANY DEFECT IN THE DESIGN AND SPECIFICATIONS PREPARED BY THE DEVELOPER'S ENGINEER, HIS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES, IT BEING THE INTENT OF THE PARTIES THAT APPROVAL BY THE CITY ENGINEER SIGNIFIES THE CITY'S APPROVAL ON ONLY THE GENERAL DESIGN CONCEPT OF THE IMPROVEMENTS TO BE CONSTRUCTED. IN THIS CONNECTION, THE DEVELOPER SHALL, FOR A PERIOD OF TWO (2) YEARS AFTER THE ACCEPTANCE BY THE CITY OF THE COMPLETED CONSTRUCTION OF INFRASTRUCTURE FOR THE ADDITION, INDEMNIFY AND HOLD HARMLESS THE CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM ANY LOSS, DAMAGE, LIABILITY OR EXPENSE ON ACCOUNT OF DAMAGE TO PROPERTY AND INJURIES, INCLUDING DEATH, TO ANY AND ALL PERSONS WHICH MAY ARISE OUT OF ANY DEFECT, DEFICIENCY OR NEGLIGENCE OF THE DEVELOPER'S ENGINEER'S DESIGNS AND SPECIFICATIONS INCORPORATED INTO ANY IMPROVEMENTS CONSTRUCTED IN ACCORDANCE THEREWITH, WHETHER OR NOT CAUSED, IN WHOLE OR IN PART, BY THE NEGLIGENCE OF THE CITY, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES, AND THE DEVELOPER SHALL DEFEND AT HIS OWN EXPENSE ANY SUITS OR OTHER PROCEEDINGS BROUGHT AGAINST THE CITY, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES OR ANY OF - -Page 10 THEM, ON ACCOUNT THEREOF, AND SHALL PAY ALL EXPENSES (INCLUDING WITHOUT LIMITATION REASONABLE FEES AND EXPENSES OF ATTORNEYS) AND SATISFY ALL JUDGMENTS WHICH MAY BE INCURRED BY OR RENDERED AGAINST THEM OR ANY OF THEM IN CONNECTION THEREWITH. THE DEVELOPER DOES HEREBY FULLY RELEASE AND AGREE TO, INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES FROM ALL CLAIMS, SUITS, JUDGMENTS, AND DEMANDS OF ANY NATURE WHATSOEVER, FOR PROPERTY DAMAGE OR PERSONAL INJURY, INCLUDING DEATH, RESULTING FROM OR IN ANY WAY CONNECTED WITH THIS AGREEMENT OR THE CONSTRUCTION OF INFRASTRUCTURE IMPROVEMENTS AND FACILITIES IN THE ADDITION OR THE FAILURE TO SAFEGUARD THE CONSTRUCTION WORK, OR ANY OTHER ACT OR OMISSION OF THE DEVELOPER RELATED THERETO, WHICH ACCRUE PRIOR TO ACCEPTANCE OF THE IMPROVEMENTS BY THE CITY, WHETHER OR NOT CAUSED, IN WHOLE OR IN PART, BY THE NEGLIGENCE OF THE CITY, ITS OFFICERS, AGENTS OR EMPLOYEES. M. AMENDMENTS This Agreement may be changed or modified only with the written consent of both the DEVELOPER and the City Council of the CITY. N. ASSESSMENT In the event the DEVELOPER fails to comply with any of the provisions of this Agreement, the CITY shall be authorized to cease issuance of any further Certificates of Occupancy or building permits on property owned by the DEVELOPER, and the CITY shall be further authorized to file this Agreement in the Mechanic's Lien/Deed Records of Tarrant County as a mechanic's lien against the DEVELOPER'S property; and in the alternative, the CITY shall be authorized to levy an assessment against the DEVELOPER'S property for public improvements in accordance with applicable state law. O, CONTINUITY This Agreement shall be a covenant running with the land and shall be binding upon the DEVELOPER, its successors, heirs, assigns, grantees, trustees and representatives. The use of the term DEVELOPER in this Agreement shall include Page 11 the DEVELOPER'S successors, heirs, assigns, grantees, trustees and representatives. P. SEVERABILITY The provisions of this Agreement are severable and, in the event any word, phrase, l sentence, paragraph, section or other provision of this Agreement, or the application thereof to any person or circumstance, shall ever be determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, the remainder of this Agreement shall remain in full force and effect and the application thereof to any other person or circumstance shall not be affected thereby. The invalid, illegal or unenforceable provision shall be rewritten by the parties to this Agreement to accomplish the parties' original intent as nearly as possible. Q. TERMINATION AND RELEASE Upon the satisfactory completion by the DEVELOPER and final acceptance by the CITY of all requirements of this Agreement, this Agreement shall terminate and if this Agreement has been filed in the county records, the CITY will execute a release of covenant to the DEVELOPER and the CITY shall file said release in the county records. In Witness whereof, each of the parties hereto has caused this Agreement to be executed by its undersigned duly authorized representative as of the date herein above first mentioned. DEVE � R M D V opment By Adlai P tn ningt n Oate CITY OF KENNEDALE By: Brian Johnson, Mayor Date ATTEST: Page 12 By. Leslie Galloway, City Secretary ACKNOWLEDGMENT STATE OF TEXAS § § COUNTY OF TARRANT § BEFORE ME, the undersigned authority in and for Tarrant County, Texas, on this day personally appeared known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he is the President of and that he executed the same on behalf of for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of , 2017. Notary Public in and for the State of Texas Type or Print Notary's Name My Commission Expires: Page 13 KENNEDALE You're Here,Your Home www.cityofkennedale.com Staff Report to the Honorable Mayor and City Council Date: March 20, 2017 Agenda Item No: REQUIRED APPROVAL ITEMS (CONSENT) - C. I. Subject: Consider approval of a contract extension for Interim City Manager II. Originated by: III. Summary: On February 2, 2017, Council approved a Professional Consulting Services Agreement with George Campbell to provide professional city management consultant services through March 31, 2017. The attached amendment provides for extended services until such time the agreement is terminated by either party. IV. Fiscal Impact Summary: V. Legal Impact: VI. Recommendation: Approve VII.Alternative Actions: VIII.Attachments: 1. Nreement ended Professional Consulting Services Kennedale Consulting Agreement Extension - IGC.pdf 405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817-985-2100 1 Fax: 817-478-7169 FIRST AMENDED PROFESSIONAL CONSULTING SERVICES AGREEMENT This First Amended Professional Consulting Services Agreement is made and entered into as of the 20th day of March, 2017, by and between the City of Kennedale, a Texas Municipal Corporation, located at 405 Municipal Dr. Kennedale, Texas ("City") and George Campbell,("Campbell") (collectively,the "parties"). WHEREAS, the parties executed a Professional Consulting Services Agreement on February 2, 2017 ("Agreement") in which Campbell agreed to provide consulting services for the City for aperiod of two months. WHEREAS, parties now wish to modify the term and compensation provided in the Agreement; NOW, THEREFORE, in consideration of the promises and mutual undertakings herein contained,the parties agree as follows: I. The Agreement is hereby amended to amend Paragraphs A. and B. to read as follows: A. Term of Ens4agement. The City hereby engages Campbell's professional city management consultant services until such time as this Agreement is terminated by either party ("Consultancy Term"). The Consultancy Term may be terminated by either party through written notice to the other party provided not less than fourteen days in advance of the desired termination date. B. Compensation. The City agrees to pay to Campbell for professional city management consultant services during the Consultancy Term, at a monthly rate of Twelve Thousand, Five Hundred Dollars ($12,500) ("Consultancy Compensation"). Payment shall be made in monthly installments payable on or before the last day of each month following receipt of an invoice from Campbell for management consulting services. In the event of termination, the Consultancy Compensation shall be pro-rated to the termination date. Campbell agrees to work the number of hours necessary to perform the Services provided herein. Campbell acknowledges and agrees that he is an independent contractor under the terms of this Agreement, and the City will not deduct or withhold any applicable federal, state or local tax or employment withholdings or deductions resulting from this consultancy compensation. II. All other terms and conditions of the Agreement shall remain unchanged, {INTENTIONALLY LEFT BLANK} I HAVE READ THIS FIRST AMENDED PROFESSIONAL CONSULTING SERVICES AGREEMENT AND I UNDERSTAND ALL OF ITS TERMS. I ENTER INTO AND SIGN THIS AGREEMENT KNOWINGLY AND VOLUNTARILY, WITH FULL KNOWLEDGE OF WHAT IT MEANS. IN WITNESS WHEREOF, the City of Kennedale, Texas has caused this Agreement to be executed by its duly authorized Mayor, and Campbell has executed this Agreement to be effective the 1st day of April, 2017 (the "Effective Date"). CITY OF KENNEDALE, TEXAS BY: BRIAN JOHNSON,MAYOR ATTEST: LESLIE GALLOWAY, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: WAYNE OLSON, CITY ATTORNEY BY: GEORGE C. CAMPBELL STATE OF TEXAS § COUNTY OF TARRANT § On the day of March, 2017,before me, the undersigned, personally appeared ,personally known or proved to me to be the individual whose name is subscribed to the above instrument and he/she acknowledged to me that he/she executed the same in his/her capacity, and that by his/her signature on the instrument, the individual executed this instrument. Notary Public, State of Texas )c KENNEDALE Planning and Zoning Commission www.cityofkennedale.com STAFF REPORT TO THE PLANNING & ZONING COMMISSION Date: March 20, 2017 Agenda Item No: REGULAR ITEMS (A) I. SUBJECT CASE # PZ 17-03 to hold a public hearing and consider a request by Adlai Pennington for a replat and final plat of approximately 8.3 acres at 501 Corry A Edwards Dr and 260 3rd Street, legal description of Hilltop Addition Lots 1- 15 and Jacob Pricket Survey A-1225, to create Hilltop Addition Lots 1-16 Block A and Lots 1-17 Block B, and two common area lots. II. SUMMARY This staff report describes the current status of the property—including a brief history of recent zoning and platting activities—the requirements for approval, and the staff recommendation. By state law, plats that comply with the city's comprehensive land use plan and with all applicable development regulations must be approved. Staff's assessment, provided below, is that the plat meets all requirements for approval. However, state law still requires a public hearing. The Planning & Zoning Commission recommendation is provided at the end of the report. As you will see, the Commission voted to recommend approval. • Request Replat and final plat Applicant Adlai Pennington Location Corry A Edwards Dr/ 3rd St Surrounding Uses Single family residential, commercial, civic/government (across the street) Surrounding Zoning Old Town sub-districts 2, 3, and 4 Future Land Use Plan Designation Downtown Village Staff Recommendation Approve (as required by state law) Planning & Zoning Commission Recommendation Approve CURRENT STATUS OF • The majority of this property was originally platted in the 1950s as a 15-lot subdivision. The replat, if approved, would eliminate the original 15-lot layout with a cul-de-sac and create 33 residential lots and two common-area lots (one is a drainage easement lot) with a through-street. The Commission considered a replat for this property in 2013, but the case was withdrawn by the applicant in order to resolve some engineering issues. At that time, the proposed plat retained the original plat's cul-de-sac street with only one entrance, located off 3rd St, and required a variance. The plat now includes one additional parcel of land that will provide a connection to Corry A Edwards Dr. With the addition of this parcel and the resulting through-street, no variance is needed. The property is zoned as a combination of planned development district (approved in 2013) and Old Town sub-district 2 (approved in June 2016). The minimum lot width and depth required in the OT-2 district is the same as what was required under the previous zoning. The planned development district has the same lot width requirement but a larger lot depth requirement. Standard/Regulation Current zoning—PD Current zoning—OT-2 Previous—Old Town Lot Width 50' 50' 50' Lot Depth 110' 80' 80' Minimum Lot Area 5,500 scl ft 5,000 scl ft 5,000 scl ft Minimum building size 1,350 scl ft 1,500 scl ft 1,000 scl ft (livable area) Front Setback 15' 10' 20' Side Setback, interior 5' 5' 5' Side Setback, corner 15' (adjacent to r-o-w) 5' 5' Rear Setback 5' 15' 15' SURROUNDING PROPERTIES • • • Surrounding land uses are primarily single family residential, although there are some adjacent commercial uses. There are also a small number of duplex residential uses nearby. Zoning on surrounding properties is Old Town (sub-districts 2, 3, and 4). STAFF REVIEW COMPREHENSIVE LAND USE PLAN The property is designated as Downtown Village in the Future Land Use Plan. The plat complies with the zoning district requirements, which were created in recent years specifically to allow implementation of the Downtown Village character district. SUMMARY The plat complies with the comprehensive land use plan. CITY DEVELOPMENT REQUIREMENTS Replats and final plats must submit utility/ engineering drawings and drainage plans meeting city development requirements. City staff and the city's engineers reviewed the construction plans for compliance with the city's regulations for subdivisions. The plat drawing was also checked for compliance with the city's technical requirements for plats. The plans are now sufficient for plat approval. PLANNING REQUIREMENTS TECHNICAL SPECIFICATIONS FOR PLAT DRAWINGS. The plat drawing meets the technical requirements for plat drawings. It also meets the requirements of the Hilltop planned development district and the Old Town sub-district 2 single family residential zoning district. SUBDIVISION REGULATIONS & PUBLIC WORKS DESIGN MANUAL PLANS REQUIRED. All required plans were submitted by the applicant. The plans have been reviewed by Public Works Department staff and the city engineers and have been approved. STAFF RECOMMENDATION Based on the above analysis, staff recommends approval of the plat. PLANNING & ZONING • • • • The Planning & Zoning Commission considered this case during its meeting on March 16. The Commission held a public hearing, during which a few residents spoke against the replat. Their concerns included drainage and housing values. The Commission discussed the drainage plans at length with input from the city's engineer. The chairman noted the work being done to address the drainage issues, as well how this replat alleviates other problems stemming from the original 1950s plat, such as traffic concerns from having only one entrance and the cul-de-sac that did not meet current codes. After determining the plat met city requirements, the Commission voted to recommend approval. ACTION • Approval: Based on the information presented, I find that the plat meets city requirements for plats and make a motion to approve Case PZ 17-03. Approval with Conditions: Based on the information presented, I find that the request meets city requirements with the exception of [state what doesn't meet the requirements] and make a motion to approve Case PZ 17-03 with the following conditions [list conditions]. Deny: Based on the information presented, I find that the proposed plat does not meet [list standards or requirements not met] and make a motion to deny Case PZ 17-03. H U1 tit 1 4 Hil .I H g Ea - W 2 H M I HE 1 M. W HIM lull I so m ilk all min m Hi Q a -0 w U-, No' i IR ". PHI JQ" R -YJ RU 1 nit Mi M 1 i VIE 1 inn IN Nhil Hill M 111H ON I I U IN 1 111 0 in I I TQ SaHVA%G''V AMOD WOZ*VM91 At,"MOOS IMML Will WNS guy No 1 III —PAY lu 1. Mold 'I iav OUR AH R 3MV WIRE -------- ------ 1,N 11"111"W MW it 1 K /0 ar it tic t' 00 �1 4 two gh 1 MUM M- KENNEDALE You're Here,Your Home www.cityofkennedale.com Staff Report to the Honorable Mayor and City Council Date: March 20, 2017 Agenda Item No: EXECUTIVE SESSION -A. I. Subject: A. The City Council will meet in closed session pursuant to Section 551.071 of the Texas Government Code for consultation with the City Attorney pertaining to any matter in which the duty of the City Attorney under the Texas Disciplinary Rules of Professional Conduct may conflict with the Open Meetings Act, including discussion of any item posted on the agenda and legal issues regarding amortization of nonconforming uses and proposed annexation. 1. Final Payment for Booster Pump Project B. The City Council will meet in closed session pursuant to Section 551.072 of the Texas Government Code to deliberate the purchase, exchange, lease, or value of real property for the following: 1. 108 New Hope Road 2. 6727 Hudson Village Creek(Kennedale Speedway Park) 3. 6820 Oak Crest West II. Originated by: III. Summary: IV. Fiscal Impact Summary: V. Legal Impact: VI. Recommendation: VII.Alternative Actions: VIII.Attachments: 405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817-985-2100 1 Fax: 817-478-7169