2007_10.11 CC Packet A LE'
405 Municipal Drive,Kennedale,Texas 76060
9
AGENDA
KENNEDALE CITY COUNCIL
REGULAR MEETING—OCTOBER 11,2007
405 MUNICIPAL DR.—KENNEDALE MUNICIPAL BLDG.
WORK SESSION—COUNCIL CHAMBERS—5:30 PM
REGULAR SESSION—COUNCIL CHAMBERS—7:00 PM
CALL TO ORDER
ROLL CALL
I. WORK SESSION—5:30 PM
Discussion will take place on the following items:
! a. Overlay District;
b. Landscape Ordinance;
C. Brownsfield Grant;
d. UTA Citizen Opinion Survey questions; and
e. Any item on the agenda, if needed.
IL REGULAR SESSION—7:00 PM
I11. INVOCATION AND PLEDGE OF ALLEGIANCE
IV. PRESENTATIONS)
a. Mayor Lankhorst will present a Proclamation declaring Municipal Court Week.
V. VISITOR/CITIZENS FORUM
At this time, any person with business before the Council not scheduled on the agenda
may speak to the Council. No formal action can be taken on these items at this meeting.
VI. REPORTS/ANNOUNCEMENTS
a. City Manager
b. City Council
c. Mayor
AGENDA CONTINUED PAGE 2
KENNEDALE CITY COUNCIL
OCTOBER 11,2007
VII. PUBLIC HEARING(S)
a. To receive citizens comments regarding Case #PZ 07-04, a request for re-plat of
2.358 acres with the proposed legal description being Lot IRA and 1RB, Block A
of the Lilly Estates Addition in the City of Kennedale, Tarrant County,Texas. The
property's current legal description is Lot 1, Block A of the Lilly Estates Addition
located at 320 N Little School Road as requested by James and Sandra Dailey.
b. To receive citizens comments regarding Case #PZ 07-05, a request for rezoning of
0.3696 acres with the legal description being Lot 24, Block 4 of the Oak Crest
Addition in the City of Kennedale, Texas, Tarrant County. The address is 5417
High Ridge Road. The zoning at the present time is "C-1" (Restricted
Commercial) and is proposed to rezone to "MH" (Manufactured Home) as
requested by Robert C. Moren Jr.
VIII. CONSENT AGENDA
The following items are considered to be routine and self-explanatory by the Council and
will be enacted with one motion. There will be no separate discussion of these items
unless a Councilmember requests that an item be removed from the Consent Agenda and
be considered, in sequence, as a routine agenda item.
a. Approval of minutes: Regular Meeting dated September 13, 2007.
b. Consider approval of Resolution No. 238, approving certain enumerated projects
by the KEDC and authorizing expenditures for those projects.
C. Consider approval of Resolution No. 239, authorizing the City Manager to enter
into an agreement with Texas Department of Transportation to provide funding for
a Selective Traffic Enforcement Program(STEP)Wave Grant.
d. Consider approval of Change Order No. 1 for T-3 Pump Station at Gail Street.
e. Consider approval of Interlocal Agreement between the City of Arlington and City
of Kennedale to provide for the transfer, quit claim and assignment from Arlington
to Kennedale of that part of the Kee Branch Water Supply System that exists in the
city limits of Kennedale.
f. Consider approval of Resolution No. 240, authorizing the submittal of a
Community Wide Brownsfeld Assessment Grant.
g. Consider approval of Resolution No. 241 suspending rate increase proposed by
Atmos Energy Corporation.
AGENDA CONTINUED PAGE 3
KENNEDALE CITY COUNCIL
OCTOBER 11,2007
IX. REGULAR ITEMS
h. Review and Consider Ordinance No. 378, Altering the Prima Facie Speed Limits
established for vehicles under the provisions of the Transportation Code, Chapter
545, Section 545.356, upon the basis of an Engineering and Traffic Investigation
upon certain streets and highways, or parts thereof, within the corporate limits of
the City of Kennedale as set out in the Ordinance: and providing a penalty of a fine
not to exceed$500.00 for violation of this ordinance,
i. Review and consider Case#PZ 07-04, a request for re-plat of 2.358 acres with the
proposed legal description being Lot IRA and 1RB, Block A of the Lilly Estates
Addition in the City of Kennedale, Tarrant County, Texas. The property's current
legal description is Lot 1, Block A of the Lilly Estates Addition located at 320 N
Little School Road as requested by James and Sandra Dailey
j. Review and consider Ordinance No, 379, Case #PZ 07-05, a request for rezoning
of 0.3696 acres with the legal description being Lot 24, Block 4 of the Oak Crest
Addition in the City of Kennedale, Texas, Tarrant County. The address is 5417
High Ridge Road. The zoning at the present time is "C-1" (Restricted
Commercial) and is proposed to rezone to "MH" (Manufactured Home) as
requested by Robert C. Moren Jr.
k. Review and consider appointments/re-appointments to the Kennedale Economic
Development Corporation.
1. Review and consider approval to authorize City Manager to execute agreement
with Tarrant County for the construction of the 6100 block of Pennsylvania
Avenue.
X. EXECUTIVE SESSION
a. The City Council will meet in closed session pursuant to Section 551.071 of the
Texas Government Code for consultation with the City Attorney pertaining to any
matter in which the duty of the City Attorney under the Texas Disciplinary Rules
of Professional Conduct may conflict with the Open Meetings Act, including,
discussion on any item posted on the agenda- and legal issues regarding
amortization of nonconforming uses; weight permits on Dick Price Road;
regulation of sexually oriented businesses; impact fees; and litigation, settlement
offers,and/or claims regarding the following matters:
1. H&A Land Corporation,d/b/a Showtime Cabaret v. City of Kennedale;
Cause No. 402-CV-0458-Y(Dreamer's).
2. City of Kennedale v. Log Cabin; Cause No. 342-218988-06,
3. Triple X Sign Litigation.
4. Zoning Case at 6901 Mansfield Cardinal Road.
AGENDA CONTINUED PAGE 4
KENNEDALE CITY COUNCIL
OCTOBER 11,2007
XI. RECONVENE INTO OPEN SESSION, AND TAKE ACTION NECESSARY
PURSUANT TO EXECUTIVE SESSION,IF NEEDED.
XII. ADJOURNMENT
I
- - Work Session
...........
STAFF REPORT CONTINUED
Date: October 11,2007 Items: Subject: Workshop Items
The Planning and Zoning Commission has been working on ordinance revisions relative to the
overlay district and landscaping. The ordinances are presented for discussion and must be retuned to
P&Z prior to any action as neither has been subject to a public hearing at the commission level. Ed
Barry will be present to discuss the planning concepts underlying the ordinances and assist in the
discussion.
The attached ordinates contain Wayne Olsen's comments.
Originated by: Bob Hart Disposition by Council:
City Manager
Work Session
Item - a
M& / n 17-420 should-0-9-Amended-to-read:_Business 767 and Interstate comment
2—oop 810 Overlay Distri s, Town Center J
-.
CFormattod:Font:Italic
Sec. 17-420 (A)Town Center_Overlayp!strict. comment[m2R1]. J
i Comment[m3Ri].
,In addition to any other applicable regulations, the standards contained in this section Deleted;d _
shall govern the development of land and structures within ,the Town Center Deleted:(a) Location of overlay
Overlay District. The regulations_set forth in this sectlan will a &_W new districts.
construct/ n and the expansion of existing structures or n th o district._.[W Deleted:along Kennedale
need to define what constitutes new construction an gKpo sign here,I Parkway., I
(AL Location of district.#The Town Center Overlay Q&jU t shall be the corridor which (r)
Is located along Kennedale Parkway from the center of Village Creek to Tumer Formatted:Font:Not Italic
Wamell Road. The overlay district shall include all property that is located within Deleted:MIS A16W
300 feet of the centerline of Kennedale Parkway on both sides except for that
portion which Is an unincorporated area Any area within these boundaries that
is annexed Into the Clty after the adoption of this section shall automatically be
Deleted:Kennedale Parkway
Included in the wn Cen r Dverlav Dlstiict. 1
overlay drshkt J
(b) Purpose. The purposes of thiiq overlay district are: Deleted:e — -]
Deleted:s
(1) To provide for the development of a combination of office, retail, service,
commercial, industrial and manufacturing uses in a consistent manner
throughout the,district; and Deleted:overlay
Deleted:s In the City of
(2) To enhance the visual image of Me— Kennedale Parkway corridor and maximize Kennedale
traffic safety, Deleted:the corridors
(c) Applicability in event of conflict. This section is to be superimposed in addition to
the regulations applicable to any approved underlying (or base) district. The existence or
use of any building or land in the,overlay district shall be subject to the time limitations I I Deleted:an
and amortization provisions set forth in this section and in sections 17-428 and 17-430.
To the extent of any conflict between this section and any other provision in any city — -------- -- - —
ordinance, the more strict provision shall prevail.
Deleted:eQuArtion will ply to
all new construction(City must
define new construction)or
existing structures or uses when
(d) Permitted underlying (or base) district. Prior to the use of any land or building in expansion of the structures in
the overlay district, a permitted underlying (or base) zoning district shall be approved in the Town Center overlaydistncr.$
accordance with section 17-429 of this division in addition to the overlay district. Deleted;Business 287 1
LDeletea o
(1) Permitted underlying zoning districts in the T Lo—wn-Cente r Qverlay .District shall (Related a J
include C-1, C-2, Piz, and I districts. AG, R-1, R-2, R-3, OT, D, MF, and ???J - - -
The_ MH district � not permitted as an underlying district. Sexually oriented 1Comment[m4]— _-
businesses are not permitted in the Town Center Overlay District._ fn addi iQri, (Comment[m5R4]:PD
new salvage yards are nit oermitted in the Town Center Overlay District, Deleted:s
Deleted:are
(2)Notwithstanding subsection (d)(1)above a sexually griented business rn -e Deletes s
r t gn 16i following site: r�-_
1 Formatted:Font:MS Reference —
(Sans Serif,it pt
Tract_3G, Abstract 716, W.H..Hud5on rve)t(3.5 Ca res). Formatted:Font:MS Reference—
I Sans serif,11 pt
Deleted:sexually Oriented
I Businesses are not allowed,
1 except for those mentioned fn
11-204 paragraph C.
Deleted:(A) Any building or use
QfWhy rvas_jh+s in here? In the Town Center Overlay
D strict must comply when an
existing structure is expanded.y
Deleted:B) Ord. 187,226,and
231 do not apply to this overlay
district.
(e) Building setback regulations. �Fannatted:Font:Not Italic -
Comment[m6]
(1) For ail permitted uses in the overlay district, the minimum building setback Deleted:(3)New salvage yards
adjacent to Kennedale Parkway shall be twenty-five (23) feet measured from the are prohibited in the Town
nearest right-of-way. Center ovedaydartcr
Deleted:(4) Notwithstanding
(2) For all public streets other than Kennedale Parkway, the minimum building subsections(d) (1),(2),and(3)
above,a sexually oriented
setback adjacent to such streets shall be ten (10) feet measured from the business may be operated
nearest right-of-way line of such street. However, if the underlying zoning district Deteted:s
setback is more restrictive, that setback shall apply. -
Deleted:not in
(3) For buildings not adjacent to a public street, the minimum side and rear building Deleted:an
setback shall be in accordance with the underlying zoning district. Deleted:the Town center
Deleted:id
(4) Any building In the Town Center ,Overlay pistrict that was in existence before i Deleted: rlay
September 9, 1993, shall not be required to comply with the setback provisions Deleted:of this subsection, but shall comply with any setback provisions already existing pursuant to the underlying zoning district. Deled: rict before the z
Deleted:article
(f) Parking regulations. Deleted:section,or any building
Deleted:o
(1) For each permissible use in the- overlay district, all off-street parking shall be Meted:d�_
regulated in accordance with the regulations of section 17-424 of this article. retell:an
2 No parking facility, paved surface, or sealed surface shall occupy an portion of a Deleted:building or use _ ]
{ ) P 9 Y, R PY Y R
landscape setback required by this section except as indicated in subsection I Deleted:not
Del
(Loading dock regulations for new construction). an --
Deleted:
(3) on-street parking and parking in any right-of-way is prohibited except for Deleted:d
emergency purposes. Deleted:before
Deleted:article
(�}) Any r,�o�r ,In he Town Center ?verlay district that is not in Compliance with Deleted:September 9,zoon
the parking regulations of this subsection on the effective date of this es ctiore -
shall be required to comply with the parking regulations of this subsection by Deletes:All other
Deleted:uses
Deleted:shall be requlred . 3
(g) Building construction regulations. In addition to the requirements found in the Deleted:Building and strut 4
approved underlying zoning districtJhe following criteria shall apply: peleted:.This section will )
II
I
ICI
i
I
�I
------- ----- -------
a. The.Qrimary exterior materials used on external sides and fa 9-f Deleted:P
buildings in the Town Center Overlay District,hall consist_ of masonry Deleted:external side and
materials_meeting the requirements of this_su- section (a). facades -
1. Retail/office/commercial exterior materials will consist of a
minimum of eighty percent (80%) masonry.
ii. JResidential exterior rpa eEials will consist of one hundred_ percent 5�-leked: - )
(100%) masonry.
b. Secondary materials used on the facade of a building are those that
comprise less than 10% of an elevation area. Permitted secondary
materials are all primary materials, aluminum or other metal or other
materials of a similar nature as approved by the City Council, ft
Director of Community Development, or bi designee.
c. structured parking garages for nonresidential or multifamily Deleted:
development must be finished on all four sides in the same materials
as the main building, or another material , approved by the CU DeIeked-as
Council, the Director of Community Developmentor his designee.
(1) d. Masonry Requirement - all exterior facades visible from Kennedale
Parkway, of all new buildings (excluding doors and windows) shall be
finished In one or more of the following materials indicated below.
. Face Brick, nature stone, cast stone, rock, marble, and granite Deleted:a -
ji. Exterior Insulating Finishing System (EIFS) However, the use of EIFS Deleted:b
shall not exceed 25% of the exterior walls of the building. The use of
EIFS is not permitted below nine (9) feet above finished grade. The use
of EIFS above nine (9) feet is limited to high impact EIFS.
Architectural glass with less than twenty percent (20%) reflectance. Deleted-
However, only a maximum of twenty-five percent (25%) of a building
facade may be constructed in architectural glass.
& Split face concrete block, poured-in-place concrete, and tilt-wall Deleted:d
concrete. Concrete products shall have an integrated color and be
textured or patterned. Tilt-wall concrete structures shall Include
reveals, punch-outs, or other similar surface characteristics and
adornments to enhance the facade on at least ten percent (10%) of
each facade.
v. Stone Requirement - In addition, a minimum of 10% of the front facade Formatted:indent:left: 0.75'
shall be finished in stone, Austin stone or similar stone materials in order to Formatted:euuetsandNumbering
establish a local architectural theme for the area.
i
(2) vi. Accent Materials .. In addition, the following accent materials may {Formatted_Bullets and Numbering j
be allowed up to 10% of a facade, excluding all windows, doors, and glass
construction materials;
Corrugated metal, Deleted:a
� 9
Glass block, Deleted:b
C: Face tile, and Deleted:c R
P. Concrete board, such as hardy Plank or other similar material, properly Deleted:a _
installed.
3 e ___Facades - In addition to the features described in this section, the ' (Formatted:Bullets and—
facades 1
facades of all primary commercial structures which face a street shall also
include the following key architectural features:
a. All primary structures shall be designed with distinguishable
architectural elements, such as a distinct base, wall and cornice, or top.
b. Windows, which may include see-through doors, shall be provided along
all facades which face streets, such that they comprise at least 25% of
the length of that facade for buildings under 10,000 square feet in size,
and at least 15% for buildings over 10,000 square feet in size. Tile Citv
Council may approve alternative treatments; however in no case shall r� _
4he uvrndov�s. ndd dgQr5 camQrise_less than i.0% f{t _facade Deleted:mere be
Deleted:in windows and doors
i (4) U Side and Rear Facades Side and rear facades shall be finished in a• ,Formatted;Bullets and Numbering
similar color and texture as the main front facade of the building.
(5) (g) __Windows shall conform to the following criteria:
a. Glass shall have a maximum exterior visible reflectivity of 27%.
I
b. Pink or Gold Glass is not permitted.
M.__LhJRoofs Roofline variations are required to reduce the visual scale of Form"d.'Bullets and-Numbering l
buildings, and to create visual interest. The roofs of non-residential
buildings shall include at least two of the following elements:
a. Parapet walls that conceal flat roofs and rooftop equipment from eye
level public view at adjacent public streets. Parapet walls shall vary in
height, and will include architectural detailing, cornices, moldings,
trims, variations in brick coursing, and other similar type detailing.
b. Overhanging eaves, extending no less than three (3) feet past the
supporting walls.
C. Two or more roof slope planes.
d. SlopgA roofs that do not exceed the average height of the supporting i Deleted:ing _
walls, and that have an average slope of at least 8 in 12. Sloped roofs
Y shall be finished with standing seam metal, corrugated metal, tile, or
30-year or better composite shingle.
+ (7) (i) Color - All non-residential buildings shall comply with the standards ° Formatted:Bullets and Numbering
In this section, i
a. Exterior colors shall be low reflectance, subtle, neutral or earth tone
colors.
b. The use of high intensity, primary, black, or fluorescent colors is
prohibited, except as trim or accent areas. Where used as trim or,
accents, those colors shall not exceed ten percent (10%) of any single
facade, excluding all windows, doors and glass construction materials.
(BJ All retail/commercial buildings shall be architecturally finished on all Formatted:Bullets and Numbering
sides visible from Kennedale Parkway with same materials, detailing, and
features.
All office buildings shall be architecturally finished on all four sides (Formatted:Bullets and Numbering
with the same materials, detailing, and features.
(IQI_W All buildings shall be designed to incorporate no less than four (4) - Formatted:Bullets and Numbering
of the architectural elements from the list below. Buildings over fifty
thousand (50,000) square feet must include a minimum of six (6) of the
referenced architectural elements. Buildings over one hundred thousand
(100,000) square feet must include a minimum of seven (7) of the
referenced,architectural elements. (Deleted:s
a. Canopies, awnings, or porticos;
b. Overhangs;
c. Recesses/projections;
d. Arcades;
e. Peaked roof forms;
f. Arches;
g. Outdoor patios;
h. Display Windows;
i
i, Architectural details (such as tile work and moldings) integrated into
the building facade;
j. Articulated ground floor levels or base;
k. Articulated cornice line;
1. Integrated planters or wing walls that incorporate landscape and sitting
areas;
m. Offsets, reveals or projecting rib used to express architectural or
structural bay;
n. Accent materials (minimum 15% of exterior facade);
o. Varied roof heights;
p. Or other architectural features conforming to the Town Center Overlay
District architecture elements approved by the City__Council, the
Director of Community Development, or his designee.
(12) m—All retail/commercial buildings with facades greater than 200 feet in length
shall incorporate wall plane projections or recesses that are at least six (6) feet
deep. Projections/recesses must be at least 25% of the length of the facade. No
uninterrupted length of facade may exceed 100 feet in length. This requirement
does not apply to industrial and office buildings,
(13) (n) Conceptual facade plans and sample boards shall be submitted with the
Preliminary Site Plan application for all non-residential uses. The purpose of the
conceptual facade plan is to ensure consistency and compatibility for all buildings
within the Town Center Overlay District. Facade plans will be used only to
ensure minimum standards are met.
14 o All buildings within a common retail development, shown on a Concept Plan
or Preliminary Site Plan; shall have similar architectural styles, materials, and
colors.
f (15) LPJ-_ A final facade plan and sample boards shall be submitted with the Final Site
Plan
(16) jql_Corporate identities that conflict with the building design criteria shall be
reviewed on a case by case basis by the Director of Community Development or ueroted:and approved
his designee. The applicant can appeal the decision to the Planning & Zoning
Commission and City Council.
(h) Uses with Conditional Development Standards • Severat land uses within the
Town Center Overlay District permitted subject to compliance with conditional
development standards. These uses and the standards are:
** Once the uses have been agreed upon Section 17-421 (Schedule of Uses) will be
amended to reflect the allowed use in Town Center Overlay District **
1. The following uses are prohibited in the Town Center Overlay
District-
Manufactured Homes Feed Store wlAnimal Sales Creosote Manufacturing
Industrialized Housing Firewood Sates Distribution Center(Large)
Manufactured Horne Park Flea Market(Inside) Distillation Plant
Recreational Vehicle Park Flea Market(Outside) Dyeing Plant
Electrical Components
Boarding(Rooming)House Fraternity/Sorority Lodge Manufacturing
Group Home Furrier Electroplanting
Group flay Care Horne Game Hall Envelope Manufacturing
Halftivay House Golf Course Explosives Manufacturing
Guest House or Servant
Quarters Golf Course, Miniature Fertilizer Manufacturing
Accessory Buildings Golf Driving Range Fiberglass Manufacturing
Gun Shooting Range
Basketball Court(Private) (Indoor) Fireworks Manufacturing
Heating/AC Sales#:
Tennis Court(Private) Service Food Processing
Swimming Pool(Private) Heavy Equipment Sales Foundry
Impounded Vehicle
Home Occupation Storage Facility Freight Terminal,Motor
Farm or Ranch Kennel Freight Terminal,Railroad
Grainery or Gin Large Retail Facility Furniture Manufacturing
Orchard Lithographic Shop Garment Manufacturing
Meat,Poultry,&Fish
Produce Stand Market Glass Manufacturing
Rodeo Ground, arena
(public) Mini-Warehouse Glue Manufacturing
Manufactured Home Sales
Stable, private Lot Grainery or Gin
Stable,public Massage Establishment Gypsum RrManufaCAUring
Utility/Solid Waste Uses Motorcycle Sales Heliport or Helistop
Microwave Tower Movie Theater(drive-in) Ice Cream Plant
Radio&Television Towei Movie Theater(indoor) Ice Plant
Railroad Freight Terminal Nightclub or Hance I fall Incinerator
Railroad Yard Paintball or Survival Sports Insecticide Prooessiny
Recycling Collection Parking Lot(Commercial-
Facility for fee) Junkyard
Refuse fransfei Station Pawn Shop Laundry Plant
Sewer Lift Station Plant Nursery Marble Manufacturing
Wastewater Treatment
Plant Plumbing Sales&Service Mattress Manufacturing
Meat, Poultry, & Fish
Water Pump Station Pool or Billiard Hall Processing
Private Club(Serving
Water Storage Tank Alcohol) Metal Fabrication
Water Treatment Plant Racquetball Court Metal Plating
Recreational Vehicles Metal Stamping$.
Water Well Sates Extrusion
Athletic field or Stadium Recreational Vehicle Mining, Extraction
Storage Operation
Basketball Courts(Public) Rental Store Monument 1Norks
BasebalVSoftball Fields Sexually Oriented
(Public) Business Paint Manufacturing
Cemetery or Niausoleurn Skating Rink Pallet Manufacturing
Convalescent Center Tattoo Shop Paper Mill
Paper Products
Hospital Taxidermist Manufacturing
Tire Sales,Repair,&
Prison or Penitentiary Installation Pesticide Processing
Petroleum Products
Sanitarium Tool&Equipment Rental (Wholesale)
Petroteunt Refinery or
High School Trailer Sales&Rental Storage
Pharmaceutical
Soccer Fields(Public) Truck Rental Manufacturing
Swimming Pool(Public) Truck Repair Planing Mill
Plastic Product
Tennis Court(Public) Truck Sales Manufacturing
Amusement Park Truck Wash Pottery Manufacturing
Animal Shelter Vehicle Storage Facility Radio Transmitting Station
Auction House Veterinary Hospital Recycling Processing Plant
Auto Inspection Station Video Store Rendering Plant
Auto Paint&Body Shop Airport Rock Crush Plant
Auto Parts Store Ammonia Manufacturing Salvage Yard
Auto Rental Apparel Manufacturing Smelter Plant
Auto Repair Garage Appliance Manufacturing Tanning Plant
Artificial Limb Television Transmitting
Auto Sales Lot Manufacturing Station
Bakery(Retail) Asphalt Batchirng Plant Textile Manufacturing
Boat Sales Bleach Manufacturing Tire Manufacturing
Boat Storage Bottling Plant Tire Recapping Plant
Bowiing Alley Box Manufacturing Vehicle Conversion Facility
Building Materials/Lumber
Yard Brewery Warehouse
Bus Ianninal Brick 8:Tile Manufacturing
Cabinet Shop Canning Operation
Car Wash Carpet Manufacturing
Chemical Storage or
Carnival or Circus Manufacturing
Cemetery Monument Sales Chlorine Manufacturing
Christmas Tree Sales Composite Manufacturing
Contractor Yard(Outside
Storage) Composing(Commercial)
Electrical Sales& Service Concrete Batching Plant
Concrete Product Casting
Fart Implement Sa" Plant
Feed Store Creamery
1_. The Following industrial uses will be permitted within the Town
Center Overlay District only in areas designated as industrial on the
current zoning map
a. Bakery, Commercial
b. Welding Shop
c. 'Temporary Construction Office
d. Sign Shop
e. Cold Storage Plant
f. Contractor Yard (Outside Storage)
g. Packaging Operation
h. Light Fabrication Plant
I. Machine Shop
j. Distribution Center (Small)
What is this subsection intended to accomplish? We have already
stated that uses._permitted_in underlying zoning district are allowed.]
3. All uses containing a drive-in or drive-thru shall be permitted within
the Town Center Overlay District subject to the following standards:
a. A minimum ten foot (10') wide landscape island shall be
constructed around the outer edge of the drive-thru lane for a _
minimum distance equal W2 he length of stacking required for the (Deleted:to
drive-thru facility.
b. The landscape Island shall contain ininimum three-inch (3")
caliper evergreen or deciduous trees planted fifteen feet (15') on••
center with minimum five (5) gallon shrubs planted three feet
(3') on center. Ornamental trees evenly interspersed between the
evergreen or deciduous trees may be substituted for the shrubs.
If the landscape Island is located on the perimeter of the
property, perimeter landscaping requirements may be applied
towards this requirement.
4. Ail uses containing a service bay pithin the Town Center Overlay (Deleted:shall 6e permitted
District are subject to the following standards:
a. Service bays shall not be oriented towards an adjacent street.
Where a lot has frontage on more than one street, a service bay
may be oriented towards a street,avi ed a landscape island and Deleted:upon provision of_
landscaping are Instal , but In no case shall a service bay be
oriented towards Kennedale Parkway. (_De_leted;the
b. All service bays shall be screened from adjacent streets and
properties with landscaping planted on a landscape Island. The
landscape island shall have a minimum width of fifteen feet (15').
The landscape island shall not be located more than forty five
feet (45') from the service bay.
r.,. The landscape island shall contain minimum three inch (3")
caliper evergreen oi` deciduous trees planted fifteen feet (15') on
center with minimum five (5) gallon shrubs planted three feet Deleted:s
(3') on center'. Ornamental trees evenly interspersed between the
evergreen or deciduous trees may be substituted for the shrubs.
If the landscape Island Is located on the perimeter of the
property, perimeter landscaping requirements may be applied
towards this requirement.
jj Deleted:shall be permitted
5. Gas Pumps and Convenience Stores with Gas Pumps pithin the Tow_ n
Center Overlay District_@rp subject to the following standards:
a. Limited to two corners of intersecting Major Thoroughfares where
zoning permits.
b. Gas pump islands must be within two hundred feet (200') of the
right-of-way lines of the intersecting major thoroughfares.
c. Canopy columns shall be fully encased with masonry that is
complimentary to that used on the main building.
d. Roofs of building and pump canopy shall be pitched. The canopy
band face shall be a color consistent with the main structure or
an accent color, and may not be bacldit or used as signage.
e. The following additional landscape elements are required: Qeletea;Withln the Town Center
�--....--. .- -----
- �-� Overlay District,t
1) A fifty (50) foot front landscape edge. Twenty (20) feet of this
landscape edge may be counted toward the 7% open space
requirement.
2) A three (3) foot earthen berm located within the front
landscape edge.
3) The front landscape edge tree requirement is increased by
50%,
(1) Outside storage regulations.
(1) All outside storage, when permitted by the regulations of,the underlying zoning Deleted:both
district, shall: Deleted: and the overlay district
a. .Be prohibited within twenty-five (25) feet of the nearest right-of-way line to Deleted:Not be located
Kennedale Parkway and Deleted:i _
kii�neleted:Any building or use not
b. Be screened in accordance with subsection Q) (Screening regulations) so that a nthe storage cannot be seen from public streets and adjacent properties. eleted:o
Deleted:d
(2) All properties within the Town Center Overlay,District shall be required to , Fdate leted:before the effective
comply with the outside storage Xequirements of this subsection upon the effective date of this article of this ordinance. Deleted:by the earlier of the
following dates:9
Screening re
(,}) g ulations.g a.Effective date of the Town
Center Overlay district
Deleted:A. All screening
regulations go Into effect the
date of the Town Center Overlay
(1) Screening shall be In accordance with the underlying zoning district. District.
(2) No fencing shall be permitted in any required landscape setback or building
setback abutting a public street.
(3) All dumpsters shall be screened so that they cannot be seen from public streets.
Such screening shall be accomplished by either enclosing the dumpster with a
six-foot screening device or planting large screening shrubs (at least five-gallon
containers) with a maximum spacing of four (4) feet on center.
(4) All outside storage, when permitted by the underlying zoning district, shall be
enclosed by a screening device at least as tall as the materials stored outside.
(5) All required screening and fencing shall be a minimum of six (6) feet in height
unless otherwise specified in this article.
(6) Special screening regulations for salvage yards are described in subsection (n) Deleted:in
below (Special conditions for salvage yardsl. Deleted: hereof
Deleted:a. When existing
structures are expanded.
(7) The following businesses are exempted from screening (that portion of property Comment[m7] C.
being used for a used car lot) as long as the property !s used in the same manner Deleted:they use
as when the Town Center pverlay,District is adopted Any change from that u —°�
..-. . .... .. -. ..... .� Deleted:being used
will require screening. Deleted:o
Deleted:d
fflafflM
a °a
• •° • a /° a a • ■! • ••a + Deleted:ag — --
+aa • a -•. •
j° • a • •
".11 MM 1111
+ a • ••. • '• 111 /. � "/•
• •
re MF41 0 11114 MIR OZU 1 AN E W&I 161WAMMWI IIIIII IIIWj ifflill 63 WIN=W4U M4 I LM111019161jus + •
•
(k) Landscape standards.
r
(1) Landscaping requirements. Landscaping shall be required on all properties and
developments in the overlay districts in accordance with the terms and provision
of this subsection.
(2) Implementation and application of landscape requirements.
a. The following shall be required prior to the issuance of a Certificate of
occupancy for any structure in the overlay districts for which a building
permit is issued.
1. A scaled landscape plan shall be submitted to the building official. The
plan shall comply with the provisions of this subsection and shall
indicate all landscaping features to meet the minimum turf and/or
screening requirements. If there are no landscaping requirements to be
fulfilled other than the requirement for turf, the landscape plan shall be
waived.
2. All required landscaping shall be in place prior to the issuance of a
certificate of occupancy unless the building official determines that
weather or seasonal conditions warrant delay, in which case a
reasonable time for the delay will be allowed.
b. Any building or use not In an overlay district shall be required to comply
with the landscape regulations of this subsection when new building
construction increases the overall gross square footage of the structures on
the entire lot or land.
c. Existing concrete drive areas are not required to comply with the
landscaping requirements until all or part of the concrete is replaced.
(3) Landscaping requirements. All landscaping required or permitted by this division
shall comply with the following provisions:
a. The following landscape setbacks shall be required with respect to all
properties located within the overlay district:
1. A minimum landscape setback of ten (10) feet from the nearest right-of-
way line shall be required on any property abutting Kennedale Parkway.
However, this landscape setback may be reduced to seven (7) feet, six
(6) inches if:
a of large screening shrubs (at least five-gallon )lace,
vith a required maximum spacing of four (4) feet on �perty
n," screening shrubs (at least one-gallon containers) )wing
rxaximum spacing of two (2) feet on center is
n �,e landscape setback; or
high masonry unit wall is built along the landscape
;reen the parking facilities. This wall shall be measured -ound
m the finished grade of the parking surface nearest to sense
Iscape setback provided in subsections 1 (1) and (ii)
o any property abutting any other public street that
ale Parkway. This landscape setback shall be applicable
'bet in length along such public street measured from
y line as it intersects with the right-of-way line of
y...
I be permitted within any landscape setback except as
on/acceleration lane and transition area are dedicated,
nay encroach into the required landscape setback area
i and transition area, provided that no parking facility
ilthin five (S) feet of the nearest right-of-way line of
ay or any other abutting public street subject to
,vided shall be construed as permitting any obstruction
y constitute a traffic hazard upon Kennedale Parkway
>lic street subject to subsection (3)a.2. It shall be hick
er n, owner, or business to erect or place or cause to _inch
any property under his possession or control any
b,irub, or other growth or any fence, wall, or other ublic
a manner or at such location as to constitute an ubiic
N creating a traffic hazard. On corners, when doubts
ig site obstructions, approval of the city engineer will
landscaping shall comply with these visibility
c shall be covered with any impervious surface,
vel, or other paving materials except for those limited
riveways or access ways for ingress and egress to the
all be placed and maintained in all landscape setback
specified in this article.
Bald Cypress Taxodium Distichum
Pond Cypress Taxodlum Distichum
(var. Nutans)
Pecan Carya Illinoionenses
Pistachio Pistachio Chinensis
Lacebark Elm Ulmus Paryifolia
c. Flowering and ornamental trees. The following list of flowers and ornamental
trees and any other flowering or ornamental trees which are demonstrated to
be drought resistant and possess compact root systems posing minimum
danger to the integrity of public utilities are recommended in all landscape
setbacks.
Common Name Botanical Name
Crepe Myrtle Lacterstroemia Indica
Bradford Pear Pyrus Calieryana Bradford
Mexican Plum Prunus Mexicana
Deciduous Holly Ilex Dedicua
Redbud-Oklahoma Cercis Canadensis Oklahoma
Japanese Black Pine Pinus Thunbergiana
Austrian Pine Pinus Nigra
Desert Willow Chilopsis Unearis
White Saucer Magnolia Magnolia Heptapeta
Afgan Pine Pinus Eldarica
d. Tree. A tree is a woody single or multiple trunk stem which, at maturity, will
obtain a minimum four-inch caliper.
e. Tree caliper. The tree caliper of any tree shall be determined by measuring
the trunk caliper (diameter) twelve (12) inches from existing grade.
(1) Sign regulations. The sign regulations set Forth in chapter 17, article VII, "Signs",
of this Code shall apply to all uses located in the Town. Center Overlay District. netea d:Kennedaie Parkway
(m) Loading dock regulations for new construction. The following applies to new
construction;
(1) No loading dock shall be located or constructed facing Kennedafe Parkway,
except that loading docks for the delivery of finished goods to retail
Page 2: [1] Deleted 7/28/20071.29:00 PM
(4) Notwithstanding subsections (d) (1), (2), and (3) above, a sexually
oriented business may be operated on the following sites:
a. Tract 31C of Abstract 1376 in the David Strickland Survey (1.0
acre).
b. Tract 3G, Abstract 716, W.H. Hudson Survey (3.5 acres).
Page 2:[2]Deleted 7/30/2007 8:53:00 AM
District before the effective date of this
Page 2:[3] Deleted 7/30/2007 9:16:00 AM
shall be required to comply immediately with this subsection.
Page 2:[4]Deleted -— 7/20/2007 1:42:00 PM
Building and structures - shall conform
Page 2:[5]Deleted 7/20/2007 1:42:00 PM
. This section will be superimposed in addition to these requirements,
�I
i
III
I
�I
I
�I
i
businesses shall be permitted. All loading docks which are so permitted to
face,Kennedale Parkway: Deleted:Business 287 or the
access road to Interstate
a. Shall be total) screened from view from Kennedale Parkwa b an eight- �.20/1_oop 820 v v. v g Deleted: �
foot high screening wall constructed of a permanent building material as
set forth in subsection (g) hereof, with no openings except for driveway
access; and
b. Shall not be located within fifty (54) feet of the nearest right-of-way line
of Kennedale Parkway.
(2) No loading dock on the side wall of any building shall be located or
constructed within fifty (50) feet of the nearest right-of-way line of
Kennedale Parkway, When permitted, loading docks on such side walls {Deleted
shall be screened from Kennedale Parkway,by an eight-foot high screening {Oersted
wall constructed of a permanent building material as set forth in
subsection (g) hereof, with no openings except for driveway access. The
following diagram provides an illustration of these regulations as applied to
the loading dock permitted on a side wall:
Eight foot high � n
opaque screen �
50' Loading Dock Setback
25' Building Setback
48'
ACCESS fIOAD TO 1-20/BUSINESS 287 ..
[This diagram needs to be relabeled as Access Road to Kennedale Parkway.]
(3) No loading dock shall be permitted or approved unless it is shown that it is
set back a sufficient distance from any public street and right-of-way so
that all loading operations, parking, storage, and vehicular maneuvering
into or out of loading dock spaces shall take place outside of any public
street or right-of-way.
[Do we want to add a provision similar to subsection (j)(7) that grandfathers
specific properties that are non-compliant with this subsection? Otherwise,
when are properties required to be brought into compliance?]
(n) Special conditions for salvage yards. The following requirements shall apply to
salvage yards that are located, in whole or in part, within the overlay district.
(1) There shall be no outside storage or display located within fifty (50) feet of
the nearest right-of-way line Kennedale Parkway„ ._ Deleted:
(2) All outside storage, salvage, and scrap shall be screened from view by an
eight-foot high solid fence or wall that complies with the following
requirements:
a, All fences and walls shall Form an opaque, solid barrier, without gaps
or openings, except as provided in subparagraph c below.
b. All fences and walls shall be constructed of wood or a permanent
building material 'as set forth in subsection (g) hereof, with no
openings except for driveway access.
c. Only openings in fences and walls that are necessary for reasonable
access to the salvage yard shall be permitted, but shall be equipped
with a solid gate or door constructed and maintained in accordance
with the requirements for fences and walls set forth in this subsection.
All openings so permitted shall be closed and securely locked at all
times except for needed access.
d. All fences and walls shall extend downward to within three (3) inches
of the ground and shall also test plumb and square at all times.
e. Any painting, staining, coating, covering, or other coloring of any fence
or wall shall be of a uniform color in earth tones, except rust.
f. No signs or advertising shall be attached to or otherwise appear on any
fence or wall.
(3) Outside storage, salvage, and/or scrap shall not be stacked, accumulated,
kept, or otherwise placed above the solid fence or wall described above.
(4) /11_l_salvage_yards_within tf�e Town__Center_Overlay District shall--be requ_ired__... Deleted:Any
to comply with the requirements of this subsection (n) upon the effective date of this
ordinance.
Work Session
Item - b
PROPOSER CITY OF KENNEDALE LANDSCAPE ORDINANCE
i Formatted:Font:Bold
ARTICLE VIII. LANDSCAPE STANDARDS
Sec. 17-601: Purpose
It is the purpose of this prtk:!c to establish certain regulations pertaining to landscaping Deleted:section
within the city, These regulations provide standards and criteria for new landscaping and
the retention of existing trees, which are intended to:
(1) Promote the value of property, enhance the welfare, and improve the physical
appearance of the city;
(2) Reduce the negative effects of glare, noise, erosion, and sedimentation
caused by expanses of impervious and un-vegetated surfaces within the urban
environment; and
(3) Preserve and improve the natural and urban environment by recognizing that
the trees can contribute to the processes of air purification, oxygen
regeneration, groundwater recharge, abatement of noise, glare and heat,
provision of habitats for wildlife, and enhance the overall beauty of the city.
a. Except as stated in Section 17 509, landscaping for single family and two
family residential uses, this fattlE.lr:_ establishes landscaping requirements _ nel'- section
only in zoning districts C-1, C 2, and I and all specific uses that specify
that the requirements of thist�icJ.r, be met. Single family and two-family Deleted section
residential uses shall be required to conform to the requirements of
Section 17-609, only.
b. Nonresidential uses located within the AG, R-1, R-2, R-3, OT, and D
zoning districts, which consist of principle structures, parking areas, and
signage, shall be required to comply with the requirements contained in
this e ii kkl`;e;, 1 Deleted:section
Sec. 17-602: Definitions
The following words, terms and phrases, when used in this article, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a
different meaning;
Artificial plants. A manufactured or assembled representation of live plant material
constructed from man-made material for the purpose of closely resembling live plant
material and to be used as a substitute to live plant material.
Caliper._.The diameter of the trunk of a tree measured 12 inches above the ground level.
Canopy tree. A perennial wood plan( single or multiple trunk, contributing to the
uppermost spreading branch layer of a forest and may be commonly referred to as a
shade tree.
Development. The changing of the existing topography in order to promote the
construction of structures or infrastructure to accommodate any improvements necessary i Deleted:r
to erect facilltles for dwelling.,. commercial or industrial u,c..; including governmental, r Deleted:or 4
nonprofit, and educational facilities),,resulting in developed property; Deleted , _
+ Deleted construction
Grasses. Thin and broad bladed surface material typically planted from seed, sprigs, or DeI.eted. uses F
plugs with the intention of providing a uniform and aesthetic ground cover very close to _ ��
the surface of the ground. t Deleted:.,.
Groundcover. Consists of low-growing, dense-spreading plants typically planted from
containers.
Irrigation system. A method of conveyance and application of water to live plant material
for the purpose of maintaining said plant material in a live and healthy condition.
Landscaping. The planting, arranging, cultivating, and maintenance of live plant material
in such a manner that said material is aesthetically pleasing and contributes to the overall
design of a development site.
Landscape area. Consists of an area included in and around a development site that has
been planned to complement the development site with natural grass, ground cover,
trees, or other natural plant materials.
Ornamental Tree. A single or multi-trunk tree with a minimum height of fifteen feet (15)
and a maximum height of thirty feet (30') and a maximum crown diameter of thirty feet
(30').
Shrubs. Consists of plants that grow vertically in a multi-branched growth pattern from
the ground level to heights usually not to exceed six feet. These plants may be sculpted
and trimmed to present aesthetic shapes and forms.
Sec. 17-603: Events requiring compliance
Land uses not previously subject to landscaping requirements shall be required to comply
with this section upon issuance of a building permit satisfying the conditions established
by either (1) (2) css (;,; below: ? Deleted: or
(1) Remodeling, alterations or additions for which a site plan is required under the
terms of the zoning ordinance; or
(Z) Remodeling or alterations taking place within o twelve-month period U).Z't
J es!'� /q."�D.i f C|����.|�-Mlp. 4.) fp'qjtgqp�J��>� /��� Q�� !Os�g:v� ��J/5
or Deleted:the total value of which
exceeds 25 percent of the
Lincrease is s(ivare footage
~`
Pans|on���-���V4�'k]��\OxedayD��ict�n �� `
' ^`
Deleted:as defined in all
| . |
Sec. 17-604: Landscaping gmnerm||y — -
LandscapeinstaUaMnnisrequinadamfo|�wy: - |
� � � �
(1) Landscaping of 20 percent of the total lot shall be required for developments
greater than one acre and 10 percent for developments one acre or less,
unless credits are obtained by additional plantings as set forth in Section l/'
607. Landscaping which includes the planting of new and the retention of
existing shrubs, trees, and flowering plants in excess of the minimum
standards established in this section, may not reduce the landscape
|
requirement to less than ten percent ofthe total lot area, _ | Deleted.,
| (2) Where the construction is to be a development, the area [Deleted:single'`h="`or` _ —]
being constructed in the current phase shall be required to comply with the
landscape regulations. However, each phase will be required to meet the
|
landscaping requirements as It is being developed:,
(3) The use of native and adapted, drought tolerant plants is encouraged to meet
�
requirements of this sectnn~ bm»et«mi _ �
| (4) Artificial plants or artificial turf are expressly pruh|h|ted^
(5) An irrigation system must be provided with all landscape plans for
nonresidential development. lo1gaMnn plans shall comply with the design
standards set forth hy the Texas Commission onF-nyinonmenta| Quality, in 30 !Deleted:e,�~,~~__,�~_',_ | �
�
Tex. Admin. Code ch. 344, Landscape Irrigation,
| (6) ,Grass, groundcover, trees, shrubs, flowering and non-flowering plants, Deleted:A minimum of 20
--- -
stonewo.rk, and water features may all be used as components of required percent m total lot area must»m |
devoted to /
landscaping inconjuncUon with the foUovx|ng minimum planting standards.
- -- —'-' - - -
a. Grass and/or grnundcnvers shall not be allowed to comprise over 90
percent ofany required landscape area.
b. The credits listed in Section 17607 shall be used to calculate the area
occupied by a tree, or shrub. Trees and shrubs used to comply with
minimum landscape requirements shall not be coedited towards area
reduction requirements set forth in Section 17 607.
Set-.. 11--605: Landscapp,plan re uired
Deleted:ing
(a)
i pp ()8<'- The landscape plan
may be prepared by the applicant or his/her designee. The landscape design is not
required to be prepared by a registered or certified professional other than may be
required by state law. Any required irrigation system must be designed in accordance
with the standards of the Texas Commission on Environmental Quality, in 30 Tex. Admin.
[odech. 344, Landscape Irrigation.
| (b) The landscape plan shall be submitted as a part of the building permit application..
(c) The landscape plan shall contain the following information:
(1) Scale ofdrawing;
(2) Location of all trees to be preserved, method of preservation during the
|
construction phase of devo|opm*nt/�j.h.ich_shaU be� d�t�i14 appro«��bY tho Deleted.ed
�
Building 0Oicia|jzr]VQ/1�[�����/l��l� |uwvmoi. -- ---1 �
' ` -
(J) Location of all plants and landscaping material to be used including paving,
benches, screens, fountains, statues, or other landscape features;
(4) Species of all plant material to be used; �
(5) Size of all plant material to be used;
(6) Spacing of plant material where appropriate;
(7) Layout and description of |nigation, sprinkler or water system, including
placement of water sources; �
(8) Description of plan that will be implemented to maintain the landscaping
and other landscape features shown on the landscape plan;
(9) Persons responsible for the preparation of the landscape plan.
Sec. 17'606: Location criteria
(a) Not less than 40 percent; developments greater Deleted,
,ho/i�� e uejf�- ->Deld than nne acreand 15 percentp� 6_ eve|opn�entsoneacre ' -~ -~
� or |eoa�hu8be1ocutod |nthe designatedrnntyard. i�~~~'��'����)|^v*w»,� ''
—' - - - -' - '---
(b) All landscape material shall comply with visibility requirements of the Kannadalm
Code ofOrdinances.
Sec. 17'607: Credits for landscape area reduction
Required landscape area may be reduced to less than .dhtx 20 percent specified by Section
17-604_,xl,,c nrrrlg(t,�7 r, .YO-Q} r;.t.lop.. The application of credits shall not reduce the
required landscape area to less than 10 percent of the total lot area. Reduction of
Frd,4 x,1.1 r::_area may be achieved by planting additional trees, shrubs and flowering plants.
reduction credits may be granted in the Following manner: i Helena.a _ J
Additional Enhancement Credit
.,3 inch tree (planted_ or saved), 200 sq Deleted:(1) f
_ ft. Deleted (trunk diameter
6 inch llu,Ttree (planted or saved),. 400 Sq. measured 12 inches above
grade) c
j shrub less than 5 gallons . ,..., _ 10 sq, ft. r�tete d (2}.._
1 shrub 5 gallons or reater ....... 2S s ft. ` Deleted (trunk diameter
g. _ g.,.. ... _ q. , measured 12 Inches above
For each 1 square togi;of drought tolerant area.... 2 sq.ft. ' grade) tF°
- j Deleted (3)
(1) Total landscaping on a lot shall not be reduced through credits by more than Deleted (a)± w
50 percent of the landscaped area required. Deleted (s) �4
Deleted:feet
(2) Drought tolerant area and methodology shall be clearly located and detailed
on the landscape L plan. Deleted:ing
(3) Area reduction credit, based on tree size, shall be granted for all saved trees
regardless of species.
(4) Unless otherwise approved by the Building Official,ra3.._fls�llr r d �,#c,rres, area
reduction credit for newly planted trees shall only be granted for the following
CANOPY TRI=ES:
Osage Orange Bald Cypress Pecan Bur Oak
Shumard Oak Big Tooth Cypress Southern Live Oak Caddo Maple
Southern Magnolia Chinese Pistache Texas Red Oak Lacebark Elm
ORNAMENTAL TREES:
Little Gem Magnolia Afghan Pine Japanese Maple Crepe Myrtle
Forest Pansy Redbud Eastern Red Cedar Oklahoma Redbud Eve's Necklace
Ornamental Pear Flowering Crabapple Western Scapberry Mexican Plum
Sec, 1 7-6013; Installation and maintenance
(a) All required landscaped area shall be permanently landscaped with living plant
material, and shall have an approved irrigation system installed,.
(b) Landscaped areas shall be kept free of trash, litter, weeds, and other such material
or plants not a part of the landscaping., ,Deleted:,
(c) All plant materials shall be maintained in a healthy and growing condition as is
appropriate for the season of the year. Maintenance shall include mowing, watering,
trimming, pruning, etc.
(d) Plant materials which die shall be replaced with plant material of similar variety and
size within 90 days, with a one time extension not exceeding 90 days Upon approval of ?Deleted:being provided
the Building Official or hls7i; r. designee.
Sec. 1.7 609: Landscaping for single-family and two-family residential uses
(a) Lots shall have a minimum landscaping requirement of two canopy tree!; located in
any required front yard. Required canopy trees shall be a minimum of three caliper
inches.
(b) Existing trees of equal or greater size within the front yard area may be counted
toward this requirement.
(c) In cases when the applicant can demonstrate that required trees cannot reasonably
be placed on the lot due to size, configuration or amenities, the Building Official or higher i Dented.
designee may reduce the required number of trees to a number that can reasonably be I Deleted:
accommodated on the subject lot. All front yards shall also include grass.
Sec. 1l 610: Buffers
(a) Landscaping adjacent to public rights-of way:
(1) A minimum five-foot landscaped strip shall be provided adjacent to all public
and private rights-of-way.s,?:An$q_�rI,#Jjl,.gr?.:i3i 1..5(.. lv .¢S!4, 3(.J, ..
(2) A minimum ten-foot landscaped strip shall be provided adjacent to all public
and private right .-of-way on lots with an area greater than five acres.
(3) Within landscaped strips adjacent to rights-of-way, landscaping shall be
required as follows:
a. One canopy street tree or two ornamental trees, for each 60 linear feet of
frontage or a portion there of, at a minimum of three-inch caliper.
b. An average density of one, five-gallon evergreen shrub for each five linear
feet of frontage;. provided however, that any landscaping materials that
will be located within ten feet of any public right-of-way shall not, at
ultimate growth, exceed 30 inches in height above street grade unless
otherwise permitted by the city. Shrubs may be grouped to ,provide
variety in design,
c. A landscaped berm may be provided in lieu of required shrubs. The berm
must be an average height of three feet, but in no case less than 18
inches, above the average grade of the street and parking lot curbs, and
must be planted with evergreen groundcover and/or shrubs to provide full
plant coverage of the berm. Shrubs may be grouped to provide variety in !Deleted: is encouraged
design. The combined height of the berm and ultimate height of plant
materials shall not exceed 30 inches in height e; street grade in any Deleted:from
area that is within ten feet of a public right-of-way,
Sec. 17-611: Landscaping of parking lots
It is the purpose of this section to require incorporation of landscaping into the design and
construction of parking areas while maintaining standards necessary for safe parking and
maneuvering space. Within parking lots, landscaping shall be provided as follows:
(1) New trees tt'rij.j_siF:t', .pl ltl ,. „xi lF1. ..from the approved tree list contained in
Section 17-607.
(2) Parking lot landscaping shall be provided as specified by Table 1, Summary of
Landscape Requirements for Non-Residential Uses.
(3) Existing. on site trees of any species that are of six .inches minimum_ caliper,, Deleted K fW W
may be counted towards landscaping requirements for parking lots. Deleted , k
Deleted measured 12 Inches
(4) Parking Lot Interior: l above grade
Deleted:established
a. Developments that require more than 12 parking spaces require landscape
islands.
b. All parking lot landscape islands must be a minimum of nine feet (9') in
width and twenty feet (20') in length.
c. No more than twelve (12) consecutive parking spaces shall be allowed
f without the interruption of a landscape island Deleted
d. Within parking lot interiors, landscaping shall be provided as follows, per
landscape island:
1. One canopy tree or one ornamental tree at a minimum three inches in
caliper.
2. Areas that are not covered with live plant materials shall be
permanently maintained with natural mulch materials such as hard
wood, pine bark, or other typical mulch materials.
e. Landscape material which is located within the interior of a parking lot
shall not create a visibility obstruction. A visibility obstruction within a
parking lot is defined as landscaping between 24 inches in height and
seven feet in height. No shrubs shall exceed 24 inches in height. Tree
canopies shall be at least seven feet in height.
f. For large existing trees located in the parking area, which are being
retained and incorporated into the landscaping plan, an appropriate
aeration system or an alternative method of protecting the tree:, must be
provided and detailed in the landscape plan.
Sec t+' 6J.2: Certificate of Occupancy
All landscaping shall be completed and installed in accordance with the approved
landscape plan prior to a Certificate of Occupancy being issued.
'sec:. ]/.-613: Nonconforming uses and/or structures
All uses that were in existence at the time of the adoption of ship,Rrtsl which do not Deleted Ordinance B-726
meet the landscape requirements will be considered ponconforming,,..,l,15 a.. These i Deleted:legal
nonconforming uses/structures will be subject toQjE i rins o(i rr�;�i�lg„ i, tFlc?��i ln�sa,.�� �£, : f Deleted:Appendix B,Zoning,
gll�ct +., a4,tnG; unless otherwise provided,liti this article t �section 42,Nonconforming Uses,i
Lots and Structures
fDeleted:for by the ordinance
from which
sec: 1/ 61,4: Modification of Landscape Requirements
(Deleted is derived
The planning director vrft,J,.designee.may approve minor variations in the location of I Deleted:a
required landscape materials due to unusual topographic constraints, siting requirements,
k preservation of existing stands of native trees ol: similar conditions, or to maintain
consistency of established front yard setbacks. These minor changes may vary the
location of required landscape materials, but may not reduce the amount of required
landscape area or the required amount of landscape materials. The landscape plan shall
be submitted to the planning director or 4i?.marl{;r designee. and shall specify the ,Deleted,a ?
modifications requested and present a justification for such modifications.
Sec. 17-615: Relief from landscaping requirements
The Board of Adjustment may, upon completion of the following, grant relief from
landscaping requirements in situations where the individual circumstances, such as the
presence of existing facilities or unusual topography, limit the applicant's ability to comply
with the landscaping requirements:
(1) Application for relief from landscaping requirements may be made by any
property owner, or other person having a proprietary interest in the property
for which relief is requested.
(2) Applications for relief from landscaping requirements shall be made in writing
and shall specify the property conditions 43i,xi considerations that make the Deleted:or
requested relief necessary.
(3) Applications for relief from landscaping requirements shall include a proposed
landscape plan, drawn to scale, illustrating the area available for landscaping
and specifying proposed plantings by size, type and location. The proposed
plan shall indicate the means by which irrigation will be provided and provide
a phasing schedule for completion of the plan,
(4) Applications for relief from landscaping requirements shall be accompanied by
an application fee in the amount specified by the City of Kennedale Fee
Schedule,
(S) Applications for relief from landscaping requirements shall be presented to the
Board of Adjustment. Applications for relief shall require a public hearing. X;)
MWIMQ11 _,M.Gf.R...l��.j��'�'..t�lE'-...`�c��Y!{m._`�Y��il!�c3f!��.._��?171t4c��1�...�U. Vif"...'gonting-.Qr
1S....The Board of Adjustment_`9,r Qcl,,K will Deleted:determination of a 1
be final, . . _ . .irig. ro . j proposed plan
: cg . � _ )
Sec. :17 616: Landscaping in the MF and MH districts; Deleted:.
The following minimum requirements shall be observed for development within the i'�j.f Delete d:located }
_.
4� 1pgt,.districts. Sections I7-.603 through 17-613 above do not apply to
development within the MF and MH districts.
(1)
:3,,pandscape,b,uffer of 20 feet will be required along any property line abutting �Deleted I_
an R-1, R-2, R-3, or D residential district.
(2) Not less than 20 percent of the gross site area shall be devoted to open
space, including required yards and buffer areas. Open space shall not include
areas covered by structures, parking areas, driveways, and internal streets.
(3) Landscaping consisting of the planting of new or retention of existing shrubs,
trees, and flowering plants shall be placed in,yards facing any public roadway. Deleted the
(4) JLII�;,Method of irrigation must be indicated on site plan, Deletes M
(5) All landscaping shall be permanently maintained )r� rk n1ctlFli�11 as+hirlr ,l iE Deleted:Should any plant
u 9 G , , material used in any landscaping ,
shill br rEi1ld;G tf;4._Itlt 17l aji, fll„�t„1,M 0 #rl.j ?C„]i I,I ,Sy._c�fl i ZG.Vvllflitl„y,QE :�!$� I required under this article die, i
S.itst . Y, B'zL?nd��c.__ .G). Ctom pvaC,tI nv�n_Vj. the owner of the property shall
3 lillllti )g irrra,,.,c�r„#ii�fllr;°+ .r�r ,4.1 . ,,.Landscape, area shall be kept free of I have 90 days after notification
trash, litter, weeds and other material or plants not a part of the landscaping. ! from the ere to obtain and install
a suitable replacement plant l
material. I
(6) An irrigation system must be provided with all landscape plans for multi- , Deleted d
residential development. AnL re bolted irrigation shall comply with the ..
(Deleted.Plans
design standards set forth by the Texas Commission on Environmental -
Quality, in 30 Tex. Admin,_Code..,ch.344, Landscape Irrigation.
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A OO T 0 - S
STAFF REPORT TO MA FOR AND COUNCIL
Date: October 6, 2007 Items: I-c Subject: Brownsfield Grant.
Originated by: Kathy Turner, City Secretary Disposition by Council:
STAFF REPORT TO MA YOR AND COUNCIL
Date: October 6, 2007 Items: I-d Subject: UTA Citizen Opinion Survey Questions.
Originated by: Kathy Turner, City Secretary Disposition by Council:
STAFF REPORT TO MAYOR AND COUNCIL
Date: October 6, 2007 Items: I-e Subject: Any item on the agenda, if needed.
Originated by: Kathy Turner, City Secretary Disposition by Council:
Regular Session
Presentation(s)
.... ...........
. .. .........
Consent Agenda
STAFF REPORT TO MA YOR AND COUNCIL
Date: October 5,2007 Item: VIII. Subject: Consent Agenda
CONSENT AGENDA — The following items have been placed under Consent Agenda.
These items are considered to be routine and self-explanatory by the Council and will be enacted with
one motion. There will be no separate discussion of these items unless a Councilmember requests that
an item be removed from the Consent Agenda and be considered, in sequence, as a routine agenda
item.
Recommend Council approval.
Originating by Kathy Turner, City Secretary Disposition by Council:
i
Consent Agenda
Item - a
►STAFF REPORT TO MA YOR AND COUNCIL
Date: October 5,2007 Item.: VIII-a Subject: Approval of minutes.
Draft copy of the City Council minutes dated September 13, 2007 is attached for Council's review and
consideration.
Originated by Kathy Turner, City Secretary Disposition by Council:
3273
MINUTES
KENNEDALE CITY t'i4)71N
REGULAR MEETING!"—: EPT;°•FMBI�R 13, 2007
405 MUNICIPi�L DR.T KE1 pA)Ji MUNICIPAL BLDG.
OINCILTAMBERS
Mayor Lankhorst called the meeting to order at 5:34 p.m.
Members present: Mayor, Bryan Lankhorst; Mayor Pro-Tem, John Clark; Councilmember's
Brian Johnson, Jerry Miller, and Ronnie Nowell.
Members absent: Councihnember David Green.
Staff present: Bob Hart, City Manager; Kathy Turner, City Secretary; Clifford Blackwell, III,
Director of Finance; Larry Hoover, Code Compliance Officer; Tommy Williams, Chief of Police;
Scott Raven, Fire Chief; Jay Hinkle, Captain — Fire Departinent; Glenn Greenwood, Street
Superintendent; and Wayne K. Olson, Legal Counsel.
I. WORK SESSION
Discussion will take place on the following items:
a. Process Redesign Activity Report
• Freeport Exemption
Bob Hart, City Manager reported that after visiting with local business
owners and tax personnel, the super f eeport exemption would not have an
impact on current city businesses, as this exemption was aimed at major
warehouses where goods are held by a third party.
• Action Team Report
Bob Hart, City Manager addressed the Action Team Report, which
encompassed the process audit report. Hart advised that based upon the work
of Greg Innes, city staff met and created a list of 22 projects, which were sent
to the Action Team to oversee. He then summarized the 22 projects and
actions taken and/or actions scheduled to be taken.
A question and answer period followed, in which Hart said lie and the
department heads would be involved in carrying out the projects. He also
implied the Action Team would be responsible to see that projects are being
continued by holding monthly meetings to monitor projects, in which he is
involved in as well. Hart indicated Council should start seeing results within
six months in regards to how information is processed between departments
as well as, streamlined interaction with the public.
Next, Mr. Hart explained the intent of the Governance Guidance Team. He
said the team was created to look at the elements being done at the Council
and Advisory Board levels, to see how those boards are working well
together, how they interact with the community, and how they interact with
the staff. He said the next step for the team would be external,which would
3274
include interacting with citizens, and working on a community strategic plan
to help identify goals,vision and/or direction for the City.
b. Any item on the agenda, if needed.
Mayor Pro Tern Clark addressed his concerns with the current budget and the need
for the Council to really take a hard nose stance at the possibility of a tax increase.
Council felt that Mr. Hart should be afforded the opportunity to analyze staff and
see where reorganization could come into play to reduce expenditures prior to
implementing a tax increase.
No further discussion, Mayor Lankhorst closed the work session at 6:50 p.m.
H. REGULAR SESSION
Mayor Lankhorst convened into regular session at 7:03 p.m.
III. INVOCATION AND PLEDGE OF ALLEGIANCE
Pastor,Marvin Raines with Liberty Baptist Church provided the invocation followed by
the Pledge of Allegiance.
IV. PRESENTATION(S)
a. Mayor Lankhorst will present a Proclamation to the Belhaven University Lady Blazer
Volleyball Team and Lydia Smith,Head Coach.
Mayor Lankhorst presented a Proclamation to the Belhaven University Lady Blazers
Volleyball Team, as well as, a Key to the City to Head Coach, Lydia Smith, and
declared September 13 — 15,2007 as Lady Blazer Days.
V. VISITOR/CITIZENS FORUM
Robert Medigovich, Municipal Coordinator for Community Waste Disposal provided
handouts to Council that highlighted services provided by Community Waste Disposal,
and requested the opportunity to bid on the city's upcoming waste contract.
VI. REPORTS/ANNOUNCEMENTS
a. City Manager
Bob Hart, City Manager thanked Mayor, Bryan Lankhorst for the Proclamation
presented to the Belhaven Lady Blazers Volleyball Team, and announced their
schedule of play at Texas Wesleyan.
b. City Council
Councilmember Miller provided an update on Whispering Oaks Subdivision
advising that developers and homeowners had come to a conclusion over drainage
issues. He said the plat should come back before Council soon for approval.
3275
Next, Councilmember Miller requested Council look at appointing alternates to the
Library Advisory Board at the next meeting, as there had been problems obtaining
a quorum at recent meetings.
c. Mayor
Mayor Lankhorst addressed a letter from State Representative Bill Zedler
congratulating Clifford Blackwell, III, Director of Finance for his recent
accomplishment for obtaining the GFOA Budget Award.
VII. PUBLIC HEARING
a. To receive citizens comments on the proposed budget for fiscal year 2007-2008.
Bob Hart,City Manager provided an overview on the proposed budget for fiscal
year 2007-2008.
No one signed in to speak for or against the proposed budget. Mayor Lankhorst
closed the public hearing at 7:26 p.m,
VIII. CONSENT AGENDA
Councilmember Nowell requested consent agenda item i. be removed from consent
agenda.
a. Approval of minutes: Regular Meeting dated August 9,2007;
Budget Workshop dated August fl,2007;
Special Meeting dated August 23, 2007;
Work session and Public hearing dated August 30, 2007.
b. Consider approval of Resolution No. 236, denying the request of Atmos Energy
Corp., Mid-Tex Division, for an annual gas reliability infrastructure program
(GRIP)rate increase.
C. Consider approval of Oncor Service Agreement.
d. Consider approval of Resolution No. 237, approving City of Kennedale Investment
Policy.
e. Consider approval to authorize the City Manager to execute engagement letter with
Pattillo,Brown&Hill, L.L,P.for the year ended 9/30/2007 financial audit.
f. Consider approval to appoint Pattillo, Brown & Hill, L.L.P. as the City's
Independent Auditor and authorize the City Manager to execute a contract with the
firm.
g. Consider approval to authorize the City Manager to execute agreement with Senior
Citizen Services of Greater Tarrant County Inc.
h. Consider approval of Resolution No. 238, approving certain enumerated projects
by the KEDC and authorizing expenditures for those projects.
Mayor Pro Tem Clark moved to approve consent agenda items a through h, second
by Councihnember Miller. Motion carried(4-0).
3276
IX. REGULAR ITEMS
i. Consider approval of Change Order No. 1 for pump station at Gail Street.
Mayor Pro Tem Clark moved to table this item until October 11, 2007 regular
meeting to allow City Staff to contact contractor regarding re-stocking fee, second
by Councilmember Miller. Motion carried(4-0).
j. Discuss and Consider approval of Interlocal Agreements with Tarrant County for
street projects.
Mayor Pro Tem Clark moved to approve Interlocal Agreements with Tarrant
County for the construction of Little Road, Sublett Road, and Bowman Springs
Road pursuant to the Interlocal Agreements provided save and accept the change in
the project description on each of the individual projects where it reflects it will
change two lane country road to a three lane city road. Motion second by
Councilmember Miller. Motion carried(4-0).
k. Discuss and Consider Ordinance No. 375, authorizing the issuance, sale, and
delivery of "CITY OF KENNEDALE, TEXAS COMBINATION TAX AND
REVENUE CERTIFICATES OF OBLIGATION, SERIES 2007A'; securing the
payment thereof by authorizing the levy of an annual ad valorem tax and a pledge
of surplus revenues of the City's waterworks and sanitary sewer instruments and
procedures related thereto including an investment letter and a paying
agent/registrar agreement, and providing for an immediate effective date.
Councilmember Nowell moved to approve Ordinance No. 375, authorizing the
issuance, sale, and delivery of City of Kennedale, Texas Combination Tax and
Revenue Certificates of Obligation, Series 2007A, second by Councilmember
Miller. Motion carried(4-0).
1. Discuss and Consider Ordinance No. 376, adopting budget for fiscal year 2007-
2008.
Mayor Pro Tem Clark moved to approve Ordinance No. 376, adopting budget for
fiscal year 2007-2008,second by Councilmember Johnson. Motion carried(4-0).
m. Discuss and Consider ratification on property tax increase reflected in the FY
2007-2008 Budget.
Mayor Pro Tern Clark moved to ratify property tax revenue increase reflected in
FY 2007-2008 Budget, second by Councilmember Miller. Motion carried(4-0).
n. Discuss and Consider Ordinance No. 377, adopting 2007 tax rate of$0.722500 per
$100 of taxable value.
Councilmember Miller moved to approve Ordinance No. 377, adopting 2007 tax
rate of$0.722500 per$100 of taxable value,second by Councilmember Nowell.
Discussions took place regarding a tax increase to cover current expenditures,
current staffing levels, and city departments operating in an efficient manner.
3277
Councilmernber's Miller, Nowell and Johnson voted aye, with Mayor Pro Tem
Clark voting nay, Motion carried (3-1).
o. Discuss and Consider appointment of an Alternate member to the Park Board.
Councilmember Johnson moved to appoint Elizabeth Carrington to Place 6 to serve
as an alternate with a term to expire in June 2008, second by Councilmember
Miller, Motion carried with Councihnember's Johnson,Miller and Mayor Pro Tem
Clark voting in favor(3-0).
Note that Councilmember Nowell did not vote as he left meeting due to illness at
8:10 p,m.
Mayor Lankhorst recessed into executive session at 8:15 p.m.
X. EXECUTIVE SESSION
a. The City Council will meet in closed session pursuant to Section 551.071 of the
Texas Government Code for consultation with the City Attorney pertaining to any
matter in which the duty of the City Attorney under the Texas Disciplinary Rules
of Professional Conduct may conflict with the Open Meetings Act, including
discussion on any item posted on the agenda and legal issues regarding
amortization of nonconforming uses; weight permits on Dick Price Road;
regulation of sexually oriented businesses; impact fees; and litigation, settlement
offers, and/or claims regarding the following matters:
1. H&A Land Corporation, d/b/a Showtime Cabaret v. City of Kennedale;
Cause No. 402-CV-0458-Y (Dreamer's).
2. City of Kennedale v. Log Cabin; Cause No. 342-21898806.
3, Triple X Sign Litigation,
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.
1. ROW acquisition for Bowman Springs Rd.
2. Sale of Old City Hall.
XI. RECONVENE INTO OPEN SESSION, AND TAKE ACTION NECESSARY
PURSUANT TO EXECUTIVE SESSION, INCLUDING THE ADOPTION OF AN
ORDINANCE TO AUTHORIZE THE SALE OF OLD CITY HALL. LEGAL
DESCRIPTION BEING LOTS 5 AND 6, BLOCK 44, ORIGINAL TOWN OF
KENNE DALE,TARRANT COUNTY,TEXAS.
Mayor Lankhorst reconvened into open session at 9:11 p.m.
Mayor Pro Tem Clark moved to authorize the City Manager to inter into negotiations to
purchase real property off Dick Price Road, second by Councilmember Miller. Motion
carried (3-0).
3278
XH. ADJOURNMENT
Councilmember Johnson moved to adjourn the meeting at 9:12 p.m., second by Mayor
Pro Tern Clark, Motion carried(3-0).
APPROVED:
Mayor,Bryan Lankhorst
ATTEST:
Kathy Turner,City Secretary
Consent Agenda
Item - b
STAFF REPORT TO MA YOR AND COUNCIL
Date: October 4,2007 Items: VIII-b Subject: Second Reading. Authorizing the Kennedale Economic
Development Corporation (KEDC) to make expenditures to promote
new or expanded business development.
"Under Article 5190.6 Section 4B (a) (3) of the Texas Revised Civil Statues, the (Kennedale
City) Council must act twice in order to authorize the (K)EDC to make expenditures to promote new
or expanded business development in accordance with that section."
This is the second and final reading to be taken by Council to authorize the (K)EDC projects
in the resolution to be presented for adoption.
Originated by: Mike Soab Disposition by Council:
Director KEDC
RESOLUTION NO.238
A RESOLUTION OF THE CITY OF KENNEDALE, TEXAS,
APPROVING CERTAIN ENUMERATED PROJECTS BY THE
KENNEDALE ECONOMIC DEVELOPMENT CORPORATION AND
AUTHORIZING EXPENDITURES FOR THOSE PROJECTS.
WHEREAS, the City of Kennedale, Texas (the "City") is a home rule city acting under
its charter adopted by the electorate pursuant to Article X1, Section 5 of the Texas Constitution
and Chapter 9 of the Local Government Code; and
WHEREAS, the Kennedale Economic Development Corporation (the "EDC") is an
Economic Development Corporation created by the City and operating under the authority of
Section 4B of the Development Corporation Act of 1979, as amended, Article 5190.6, Texas
Revised Civil Statutes Annotated(the"Act"); and
WHEREAS, on August 30, 2007, the EDC held a public hearing to receive comments
from citizens regarding certain projects that will require expenditures by the EDC; and
WHEREAS, at the conclusion of the public hearing, the EDC's Board of Directors
considered and unanimously approved those projects; and
WHEREAS, on September 13, 2007 and October 11, 2007 the City Council considered
those same projects and determined that they are authorized by the Act and will further the
mission of the EDC including the promotion of new or expanded business development and
economic development of the City,
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF KENNEDALE,TEXAS:
SECTION 1.
The declarations, determinations and findings, made and found in the preamble to this
Resolution are hereby adopted, restated and made a part of the operative provisions hereof.
SECTION 2.
The City Council of the City of Kennedale hereby authorizes the following economic
development projects, and approves expenditures by the Kennedale Economic Development
Corporation of funds collected from economic development sales tax as necessary in furtherance
thereof:
I. Project Planning and Development of a "mid-city" downtown district including but
not limited to the commercial, medical, retail, and New Urbanism style (typically
higher density/multi-storied) residential growth of TownCenter Kennedale and its
surrounding area;
2. The construction and maintenance of the Plaza at TownCenter Kennedale;
3. The construction of a new TownCenter Kennedale Monument Civic Message Sign on
Kennedale Parkway;
4. The development and implementation of Kennedale Parkway, Village Creek, and I-
20 commercial and residential Urban Renewal / Development / Redevelopment f
Revitalization/Beautification plans and actual projects derived from these plans;
5. The Creation of a Tax Increment Financing District(s) (TIF) including Consultation,
Planning, Legal and Engineering Services;
6. A Commercial Marketing and Implementation Plan aimed at City Branding and
attracting new Kennedale projects and businesses;
7. The continuation of the existing Visual and Functional Grants Program and funding;
8. The attraction and development of DFW Metroplex area commuter transit/light rail/
mass transportation services including the development of a Kennedale rail station
and related infrastructure improvements;
9. All necessary services and related expenses for the above projects including but not
limited to project master-planning; engineering; project advertising / marketing;
related consultant and legal services; new construction/remodeling/maintenance of
landscaping, roadways, City / KEDC owned or leased buildings, and their related
infrastructure improvements;
10. The purchase I leasing / sale or other means of transfer of real estate land and
properties for the accomplishment of the above designated projects.
SECTION 3.
This Resolution shall be effective upon final adoption on second reading.
PASSED AND APPROVED ON FIRST READING this 13"day of September 2007.
PASSED AND APPROVED ON SECOND READING this 11"'day of October 2007.
Mayor, Bryan Lankhorst
ATTEST:
Kathy Turner, City Secretary
a
Consent Agenda
Item c
STAFF REPORT TO MA YOR AND COUNCIL
DATE: Item No: Subject:
October 11, 2007 VIII -c Traffic Enforcement Grant
The Police Department has been approved for a Selective Traffic Enforcement(STEP) grant
for the year 2007/08. This grant will furnish overtime money for officers to work targeted
speed and set belt enforcement at designated areas during specific time frames, such as
Thanksgiving, Christmas, and Labor Day. This grant is through the Texas Department of
Transportation and is the same type as the previous grant awarded to the department during
2005106. The city's matching portion for this grant is factored into operating and mileage costs
of the vehicles. There is no other cash match required during the grant period.
Originated by: Disposition by Council:
Chief Tommy Williams
1
RESOLUTION NO. 239
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
KENNEDALE, TEXAS HEREBY AUTHORIZING THE CITY
MANAGER OF THE CITY OF KENNEDALE,TEXAS TO EXECUTE AN
AGREEMENT BY AND BETWEEN THE CITY OF KENNEDALE AND
THE TEXAS DEPARTMENT OF TRANSPORTATION WHEREIN THE
TEXAS DEPARTMENT OF TRANSPORTATION WILL PROVIDE
FUNDS FOR A SELECTIVE TRAFFIC ENFORCEMENT PROGRAM
(STEP)WAVE GRANT AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Kennedale recognizes that traffic and safety restraint violations
endanger the public; and
WHEREAS, the City of Kennedale wishes to participate in a Selective Traffic
Enforcement Program (S.T.E.P.), sponsored by the Texas Department of Transportation, which
provides funds for increased focus on motorists speeding and safety restrain violations during
selected periods; and
WHEREAS,the City of Kennedale has applied for, and been awarded, a $8,495.63 grant
by the Texas Department of Transportation for the administration and enforcement of the
S.T.E.P. (Contract#588EGF6069) (Charge#8PT05X1CQ)
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF KENNEDALE,TEXAS:
SECTION 1: The City Manager of the City of Kennedale, Texas, is hereby authorized to
execute, on behalf of the City Council of the City of Kennedale, Texas, an Agreement by and
between the City of Kennedale and the Texas Department of Transportation to participate in the
STEP Wave Grant period FY 2008, a copy of which is attached hereto and incorporated herein
for all purposes.
SECTION 2: This Resolution shall take effect immediately upon its passage.
PASSED,ADOPTED AND APPROVED by the City Council of the City of Kennedale,
Texas, this the 1 lth day of October 2007.
Bryan Lankhorst,Mayor
ATTEST:
Kathy Turner,City Secretary
Consent Agenda
Item - d
S TAFF REPOT'T TO Cl T Y COUNCIL
Date: October 4, 2007 Item:VIII--d Subject: Consider Change Order #1 - Pump Station at
Gail Street
Change Order#1 -- Pump Station at Gail Street
This item is a request for change order #1 for the pump station improvements at the Gail Street
site. The contractor is requesting an increase of$7,491 to cover the cost of an additional 16" valve
and fittings to connect to an existing 16" yard line that was thought to be 18" diameter.
The total change order is less than a 1% increase in the original contract and can be easily
absorbed with the remaining available funds in the bond program.
Staff recommends approval of change order#1 in the amount of$7,491.00.
UPDATE:
This item was tabled at the September 13th Council Meeting. The information contained is the
same, except for a letter submitted by the Project Engineer which explains the restocking fees.
r
b)Np
Originated by: Di positio oun�W//
f
Marls M. White b S,� !
Director of Community Development
PP'l=FJ KimleyHorn
and Associates,Inc.
October 3,2007
Mr.Mark White Suite 1025
Community Development Director 801 Cherry Street,Unit ti
City of Kennedale 76102
Fort Worth,
405 Municipal Drive
Kennedale,Texas 76060
Re: Change Order No.
Kennedale T-3 Pump Station
KHA No. 061156001
Dear Mark:
It is my understanding that Change Order No. I was tabled during the previous City
Council meeting due to questions about the itemized re-stocking fee shown on the
documentation provided by Mela Contracting.
The purpose of this letter is to provide additional clarification so the City Council
may make a decision on Change Order No. 1.
City Staff and Kimley-Hone and Associates, Inc.reviewed Change Order No. 1 and
agreed with the requested items and amounts. As you recall,the need for Change
Order No. 1 was a result of incorrect information shown on an existing set of record
drawings for the construction of the existing elevated storage tank, completed by a
previous contractor and consulting engineer. Once the actual pipe size was
determined, Mein Contracting notified City Staff and Kimley-Hom and Associates,
Inc. All parties agreed the recommended changes were required and instructed the
contractor to prepare a Change Order.
It is common in the construction industry for a contractor to incur a re-stocking fee
upon return of material not utilized in the field, The size and function of the
materials needed for this project are considered`order"items and may not be readily
available without prior notification to the supplier. Therefore,a re-stocking fee
would be customary by the supplier,
Kimley-Horn and Associates, Inc, understands it is the City Council's decision to
accept or deny the Change Order request. It is our opinion that Mela Contracting
should not be responsible for bearing the additional cost of restocking material they
ordered in good faith based on information provided in the bidding documents that
was incorrect.
Please don't hesitate to contact me should have questions or need additional
information on this matter.
TEL 817 335 8511
FAX 817 335 5070
Kimley-Horn
and Associates, Inc.
Very truly yours,
KIMLEY-MORN AND ASSOCIATES, INC,
411(�� 111
Jeff James, P.E.
RJJ.-jlp
Copy to: Mr. Paul Mendoza Jr.,P.E. MELA Contracting, Inc.
[—I� i{imley-Horn
and Associates, Inc.
August 16,2007
Mr.Mark White Suite 1025
Community Development Director
901
ort Worth Texas Unit t 1
City of Kennedale 76102
405 Municipal Drive
Kennedale,Texas 76060
Re: Change Order No. 1
T-3 Pump Station
KHA No, 061156001
Dear Mark:
Attached please find three(3)original copies of Change Order No. 1 for the
referenced project. Changes to the original contract by Change Order No. 1 include:
1) Unforeseen changes to the existing pipe diameter size at the point of connection
for the proposed discharge header.
2) Additional 16-inch gate valve installation for future operational flexibility of the
water distribution system.
Kimley-Horn recommends approval of the$7,491.00 increase in contract amount,
Change Order No. 1 results in a revised total contract amount of$770,491. A
summary of the original contract amount and change orders to date follows:
Original Contract Change Order Change in Contract Revised Contract
Amount Number Amount Amount
$763,000.00
1 +7,491.00 $770,491.00
Net Change in Original Contract Amount through Change Orders: +0.99%+/- J
Please approve and return one(1)copy of Change Order No. 1 to MELA
Contracting, Inc. and Kimley-Horn.
Very truly yours,
TKB�4LEY- RN AND ASSOCIATES, INC.
Jeff James,P.E.
RJJ Jlp
Attachments
Copy to: Mr. Paul Mendoza Jr.,P.E. MELA Contracting,Inc. (w/o attachments)
P:1061156,0011 CCA\T3PumpSlalionlchangcardcrs\COM I_cwltndoc
TEL 817 335 6511
FAX W 335 5070
KIMLEY-HORN AND ASSOCIATES,INC.
801 Cherry Street,Unit 11,Suite 1025
Fort Worth,TX 76102 Date: August 16,2007
"HANGS OR EXTRA WORK ORDER NO. 1
PROJECT DESCRIPTION: T-3 Pump Station
KHA Project No.: 061156001
OWNER: City of Kennedale,Texas
CONTRACTOR: Mela Contracting,Inc.
ORIGINAL CONTRACT AMOUNT: $763,000.00
REVISED CONTRACT AMOUNT PER
CHANGE ORDER No. 1: $770,491.00
REVISED CONTRACT AMOUNT PER
CHANGE ORDER No. 2:
REVISED CONTRACT AMOUNT PER
CHANGE ORDER No, 3:
CHANGE OR EXTRA WORK TO BE PERFORMED
Item Decrease in Increase in
No. Quantity Description of Item Unit Price Contr. Price Contr. Price
5 1 LS Pipe diameter change for $7,491.00 $7,491.00
connection of proposed
discharge header&addt'1
16" gate valve-materials &labor
,'otal Increase in Contract Amount: $7,491.00
Total Decrease in Contract Amount: $0.00
Net Increase in Contract Amount: $7,491.00
Revised Contract Amount: $770,491.00
Net Increase/(Decrease)in Contract Time of Completion: No Change
Revised Contract Time of Completion: No Change
Recommended by Kimley-Horn and Associates,Inc. Approved by City of Kennedale
B By
Accepted b Contractor
B
Distribution
I-Owner, 1 —Contractor, 1 -KHA Office
nNIM-FLA
�M CONTRACTING-INC,
Owner: City of Kennedale
Project: T-3 Pump Station
Engineer: Kimley-Horn and Associates
Change Proposal No. 1
Qty Itern Unit Unit Price Total
New Material for Change of Pipe Diameter at Pump Discharge Tie
1 In Location and Additional 16-inch Gate Valve LS $ 12,093 $ 12,093
1 Credit for Return of Material LS $ (9,503) $ (9,503)
1 Restocking Fee for Return LS $ 2,424 $ 2,424
11 Installation of New Valve Labor Day $ 750 $ 750
1 Installation of New Valve Equipment Day $ 750 $ 750
SUBTOTAL $ 6,514
OH&P(15%) $ 977
TOTAL $ 7,491
Paul Mendoza
From: Robert.Parris@ferguson.com
Sent: Friday, July 06, 2007 5:31 PM
To: Paul @melacontracting.com
Subject: 16"Change Order- Kennedale
Paul,
Below is pricing for the valves and fittings at Kennedale.The valves and restraints are in stock, the fittings and saddle are
on order and should be in by the end of next week.
If you have any questions, please do not hesitate to call.
Thanks,
Robert Parris
Sales
Ferguson Waterworks#1232
McKinney,TX
972-434-2600(P)
972-434-2612(F)
972-670-5500(M)
Order Confirmation # 0272278
Ferguson Waterworks #788
2650 S Pipeline Road
Euless,TX 76040
Phone:817-267-3900
Fax:817-267-3912
Order No...: 0272278
Order Date: 07/06/07 Req Date: 07/10/07 Ship Via..: OUR TRUCK
Writer........: RCP Terms.....: NET 10TH PROX
Sold To.......: MELA CONTRACTING INC Ship To...: MELA CONTRACTING INC
T-3 PUMP STATION T-3 PUMP STATION
430 LAKEVIEW ROAD 400 BLOCK GAIL DRIVE
RHOME,TX 76078 MAPSCO FTW 107H
KENNEDALE,TX 76060
Cust PO#..: 16" CHANGE Job Name.: T-3 PUMP STATION
Item Description Quantity Net Price I UM "Total Customer Code
� I
FBTLA16 116 MJ C110 TEE L/A - �-� ] ]276-290'I EA —1276.29
F LB SLA16 16X15 MJ C110LONG SLV L/A �� 1 ! 540.380IEA € 540.38
AFC2516MMLAOL 16 MI RW DI OL GATE VLV L/A I 2 1 3656.880 I EA 7313.761
FBRLA2016 120X 16 MJ CI10 RED L/A —�- I 1 --884.480 iEA 884.481
SPVC4016 116 4000 SER PVC STARGRIP REST UA _i 101 152.500 EA -�1525.00 s
I
E SMJBGAS 16 16 MJ BOLT&GSKT PK I 10 21.880 EA 218.80
1?341716A100NE 16AX1 lP Dl SDL NYL SST STRP 1 2 105.930 1 EA 1 211.86
FFB 17004 1 M1P X FIP BALL CORP ST 2 1 61.200 1 EA 1 122.40
Net Total: 12092.97
Tax: 997.67
Total: 13090.64
WARRANTY PROVISIONS
The purchaser's sole and exclusive warranty is that provided by the manufacturer,if any.Seller makes no express or implied
warranties.SELLER DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES,INCLUDING ALL IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS OR FITNESS FOR A PARTICULAR PURPOSE.IN NO
EVENT WILL SELLER BE LIABLE FOR ANY INCIDENTAL,PUNITIVE,SPECIAL OR CONSEQUENTIAL
DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM THE OPERATION OR USE OF THE PRODUCT.SELLER'S
LIABILITY,IF ANY,SHALL BE LIMITED TO THE NET SALES PRICE RECEIVED BY SELLER.Complete Terms and
Conditions are available upon,request or can be viewed on the web at www.ferp_uson.com/sales-terms.htm].
2
n
Paul Mendoza
From: Robert.ParrisC&ferguson.com
Sent: Friday,July 13, 2007 4:40 PM
To: paul@melacontracting.com
Cc: Christopher.Tu1nstra @ferguson.com
Subject: KENNEDALE--T-3 PUMP STATION-- 18" MATERIAL RETURNED FROM CHANGE
ORDER
Paul,
The fallowing items will incur restock fees:
INVOICE ITEM NUMBER & DESCRIPTION INVOICE$ RESTOCK FEE
RESTOCK$
0271810 SP-MA23612318OL, 18 MJ RW OL GATE VLV UA $7136.56 - 28%
$1998.25
0268278 FBLSLAI8, 18X15 MJ C110 LONG SLV UA $590.51 - 18%
106.29
0268278-1 FBRLA2018, 20X18 MJ C110 RED L/A $910.88 - 18%
- 163.96
0263745-2 FBTLAI8, 18 MJ C110 TEE VA $864.84 - 18%
155.67
The total figure for restock fees will run approximately$2424.17. If there is anything we can do to help, please do not
hesitate to call.
Thanks,
Robert Parris
Sales
Ferguson waierwarks#1232
McKinney,TX
972-434-2600(A)
972-434-2612(F)
972-670-5500(M)
1
_ p EX€STING 24"0 RCP
❑HE OHE F, TO BE REMOVED
ASS;-�:— --�� o
T-
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P TR PROPOSED
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+
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Consent Agenda
Item - e
STAFF REPORT TO Cl TY COUNCIL
Date: October 3, 2007 Item: vzzz-e Subject: Interlocal for Danny Drive Water Line
Transfer
Danny Drive Water Line Transfer lnterlocal
A long term objective of the City is to provide utility service to residents within Kennedale. This
agreement is the first of what we hope will be several agreements to transfer water services from
Arlington. This particular agreement will transfer the residents on Danny Drive. A significant
benefit is that the change will allow the Utility Billing Department to have more control over
collection of fees and/or service charges; many of which have been difficult to resolve.
Staff recommends approval.
Originated by: Dispo ' io�'by: Council
MTV
Larry Hoover � � C !�r 0
Community Development Specialist �'
THE STATE OF TEXAS § INTERLOCAL AGREEMENT BETWEEN
§ CITY OF ARLINGTON AND
§ CITY OF KENNENDALE, TEXAS
COUNTY OF TARRANT §
THIS INTERLOCAL AGREEMENT is entered into on this the day of
, 2007, by and between the CITY OF ARLINGTON, TEXAS, a
municipal corporation (hereinafter referred to as "ARLINGTON"); and the CITY OF
KENNENDALE, TEXAS(hereinafter referred to as "KENNENDALE"),
ARLINGTON and KENNENDALE execute this Interlocal Agreement pursuant to
the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code, as
amended.
WHEREAS, the parties, in paying for the performance of governmental functions or in
performing such governmental functions shall make payments, if any, only
from revenues, legally available to such parties; and
WHEREAS, ARLINGTON in august of 1970 obtained the Kee Branch Water Supply
system; and
WHEREAS, ARLINGTON continues to supply water to the patrons of the Kee Branch
Water Supply system, which now includes citizens that reside within the city
limit, of KENNENDALE; and
WHEREAS, KENNENDALE desires to take over that part of the system that is within its
city limits and ARLINGTON desires to give up the responsibility to supply,
maintain and upgrade that part of the system within the KENNENDALE city
limits; and
WHEREAS, ARLINGTON and KENNENDALE finds that it would be in the public interest to
allow KENNENDALE to take over the part of the Kee Branch Water Supply
system that resides within the KENNENDALE city limits; and NOW
THEREFORE,
In consideration of the premises and the agreements, covenants and promises
herein set forth, it is agreed as follows:
I.
PURPOSE
The purpose of this AGREEEMENT is to provide for the transfer, quit claim and
assignment from ARLINGTON to KENNENDALE of that part of the Kee Branch Water
Supply system that exists in the city limits of KENNENDALE.
II.
TERMS RIGHTS, OBJECTIVES AND DUTIES
OF THE PARTIES
The following shall apply in the performance of this AGREEEMENT.
A. The facts and recitals written above are true and correct and incorporated herein
as part of this agreement.
B. ARLINGTON and KENNENDALE shall execute Quitclaim and Assignment
Agreement that is attached as Attachment "A" to effectuate transfer, quit claim, and
assignment of Kee Branch Water Supply system that is located in KENNENDALE
city limits. Attachment "A" is attached hereto and is incorporated by reference as if
written word for word.
C. ARLINGTON will file and is responsible for all filing fees for the Quitclaim in the
property records of Tarrant County, Texas after execution.
D. After execution and filing of the Quitclaim and Assignment Agreement
KENNEDALE will be responsible for supplying water to and maintaining and
repairing the water supply system within the area as described in Attachment "A".
E. ARLINGTON will be responsible for disconnecting the existing water line near the
intersection of Hudson Village Creek Road and Eden Road. KENNENDALE will be
responsible for the connection of the existing water line to the KENNENDALE water
line at approximately 1100 feet west of Danny Drive.
F. ARLINGTON will provide the affected residents and KENNEDALE with 30 days
notice of the actual transfer of water services to affected residents. When the 30
days notice elapses, ARLINGTON will make a final reading of its meters.
ARLINGTON will then remove the meters of the affected residents.
KENNENDALE will be responsible for the installation of its own meters for the
affected residents.
G. The consideration for the transfer, quitclaim and assignment of that portion of the
Kee Branch Water Supply System located within the City of Kennedale shall be
the assumption of water supply, maintenance and operations duties described
herein and KENNEDALE shall not be required to make any present or future
payment of funds or provide any services to ARLINGTON.
NO VERBAL AGREEMENT
This Contract contains all the terms, commitments and covenants of the
PARTIES pursuant to this- Contract. Any verbal or written commitment not contained in
this Contract or expressly referred to in this Contract and incorporated by reference shall
2
have no force or effect.
IV.
AGREEMENT INTERPRETATION AND VENUE
The PARTIES covenant and agree that any litigation relating to this
AGREEMENT, the terms and conditions of the AGREEMENT will be interpreted according
to the laws of the State of Texas and venue shall be proper exclusively in Tarrant
County, Texas.
V.
CAPTION
The captions to the various clauses of this AGREEMENT are for informational
purposes only and in no way alter the substance of the terms and conditions of this
AGREEMENT.
VI.
IMMUNITY
It is expressly understood and agreed that, in the execution of this
AGREEMENT, no party waives, nor shall be deemed hereby to waive, any immunity
or defense that would otherwise be available to it against claims arising in the
exercise of governmental powers and functions.
VII.
SEVERABILITY
If any of the terms, sections, subsections, sentences, clauses, phrases,
provisions, covenants or conditions of this AGREEMENT are for any reason held to be
invalid, void or unenforceable, the remainder of the terms, sections, subsections,
sentences, clauses, phrases, provisions, covenants, or conditions in this AGREEMENT
shall remain in full force and effect and shall in no way be affected, impaired or
invalidated.
EXECUTED in multiple original counterparts to be effective on the date above
first written.
ATTEST; CITY OF ARLINGTON, TEXAS
BARBARA G. HEPTIG FIONA M. ALLEN
City Secretary Deputy City Manager
APPROVED AS TO FORM:
JAY DOEGEY, City Attorney
BY:
ATTEST: CITY OF KENNEDALE, TEXAS
City Secretary
APPROVED AS TO FORM:
City Attorney
BY:
ATTACHMENT "A"
QUITCLAIM AND ASSIGNMENT AGREEMENT
THE STATE OF 'TEXAS
KNOW ALL BY THESE PRESENTS :
COUNTY OF TARRANT §
THIS QUITCLAIM AND ASSIGNMENT AGREEMENT is entered into on
this day of , 2007, by and between
the CITY OF ARLINGTON, TEXAS, a municipal corporation located in
Tarrant County, Texas (hereinafter referred to as "CITY or
GRANTOR") , acting by and through its City Manager or his
designee, and the CITY OF KENNEDALE, a municipal corporation
located in Tarrant County, Texas (hereinafter referred to as
""GRANTEE"") .
For and in consideration of the sum of Ten Dollars ($10 . 00)
paid to GRANTOR by GRANTEE, and other good and valuable
consideration, the receipt and sufficiency of which being hereby
acknowledged and confessed by GRANTOR and subject only to the
exceptions, encumbrances and liens set forth below, Grantee does
quitclaim, sell, and assign unto the City of Kennedale, Texas,
the following (collectively, the "PROPERTY") :
A. FACILITIES real property and easements recorded in the name
of or belonging to GRANTOR, together with all fixtures and
improvements thereon situated and all rights, privileges,
hereditaments and appurtenances including the real property
and easements described by metes and bounds on the
attachment marked Exhibit "A"" which is incorporated herein
for all purposes . FACILITIES shall be defined as set out
below:
B. The following interests, premises and properties:
1 . The water supply and water distribution facilities
specifically located on the real property and
easements described on Exhibit "A"" (collectively, the
"FACILITIES'") and all of their parts, appurtenances
and fixtures located on the real property and
easements described on Exhibit "A'" , including all
improvements, fixtures, structures, tanks, machinery,
apparatus, equipment, tools, implements and other
chattels and fixtures, together will all improvements,
extensions and additions, thereto, or thereon, used in
the operation of the FACILITIES by the GRANTOR
including those described in Exhibit
2 . All rights-of-way and easements, used or to be used in
connection with the operation of the FACILITIES;
3 . All rights, powers, privileges, permits, and licenses,
acquired for use in connection with the location
and/or operation of the FACILITIES;
provided, however, that upon the delivery to GRANTEE, GRANTEE
shall assume and hereby contracts to perform each and every
contractual or implied or assumed contractual or governmental
obligation and undertaking of every nature or kind which it may
lawfully assume, heretofore agreed or contracted to be performed
by the GRANTOR, but subject to all applicable easements,
reservations and interests existing in third parties which prior
to the date hereof were recognized lawfully by the GRANTOR and
appearing of record and subject further to the lien of current
taxes not in default;
TO HAVE AND TO HOLD THE PROPER'T'Y UNTO THE CITY OF KENNEDALE,
TEXAS, ITS SUCCESSORS AND ASSIGNS FOREVER.
GRANTOR HEREBY SPECIFICALLY DISCLAIMS ANY WARRANTY, GUARANTY
OR REPRESENTATION, ORAL OR WRITTEN, PAST, PRESENT OR FUTURE OF,
AS TO, OR CONCERNING (a) THE NATURE AND CONDITION OF THE PROPERTY
OR OTHER ITEMS CONVEYED HEREUNDER, INCLUDING, WITHOUT LIMITATION,
THE WATER, SOIL AND GEOLOGY, THE SUITABILITY THEREOF AND OF THE
PROPERTY OR OTHER ITEMS CONVEYED HEREUNDER FOR ANY AND ALL
ACTIVITIES AND USES WHICH GRANTEE MAY ELECT TO CONDUCT THEREON,
THE EXISTENCE OF ANY ENVIRONMENTAL HAZARDS OR CONDITIONS THEREON,
INCLUDING WITHOUT LIMITATION, THE PRESENCE OF ASBESTOS OR OTHER
HAZARDOUS MATERIALS) OR COMPLIANCE WITH APPLICABLE ENVIRONMENTAL
LAWS, RULES OR REGULATIONS, (b) THE NATURE AND EXTENT OF ANY
RIGHT-OF-WAY, LEASE, POSSESSION, LIEN, ENCUMBRANCE, LICENSE,
RESERVATION, CONDITION OR OTHERWISE; AND (c) THE COMPLIANCE OF
THE PROPERTY OR OTHER ITEMS CONVEYED HEREUNDER OR ITS OPERATION
WITH ANY LAWS, ORDINANCES OR REGULATIONS OF ANY GOVERNMENTAL
ENTITY OR BODY. GRANTEE ACKNOWLEDGES THAT IT HAS INSPECTED THE
PROPERTY OR OTHER ITEMS CONVEYED HEREUNDER AND THAT IT IS RELYING
SOLELY ON ITS OWN INVESTIGATION OF THE SAME AND NOT ON ANY
INFORMATION PROVIDED OR TO BE PROVIDED BY OR ON BEHALF OF
GRANTOR. GRANTEE FURTHER ACKNOWLEDGES THAT ANY INFORMATION
PROVIDED WITH RESPECT TO THE PROPERTY OR OTHER ITEMS CONVEYED
HEREUNDER WAS OBTAINED FROM A VARIETY OF SOURCES AND GRANTOR (1)
HAS NOT MADE ANY INDEPENDENT INVESTIGATION OR VERIFICATION OF
SUCH INFORMATION, AND (2) DOES NOT MAKE ANY REPRESENTATIONS AS TO
THE ACCURACY OR COMPLETENESS OF SUCH INFORMATION. THIS
CONVEYANCE IS MADE ON AN "AS IS", "WHERE IS", AND "WITH ALL
FAULTS" BASIS, AND GRANTEE EXPRESSLY ACKNOWLEDGES THAT EXCEPT AS
OTHERWISE SPECIFIED HEREIN, GRANTOR HAS MADE NO WARRANTY OR
REPRESENTATION, EXPRESS OR IMPLIED, OR ARISING BY OPERATION OF
LAW, INCLUDING, BUT NOT LIMITED TO ANY WARRANTY OF CONDITION,
TITLE, HABITABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE WITH RESPECT TO THE PROPERTY, ANY OTHER ITEM, IMPLIED
WARRANTIES BEING HEREBY EXPRESSLY DISCLAIMED.
GRANTEE CONTRACTS AND WARRANTS THAT GRANTOR SHALL NOT BE
RESPONSIBLE OR LIABLE TO GRANTEE FOR ANY CONSTRUCTION DEFECTS,
2
ERRORS, OMISSIONS, OR ON ACCOUNT OF ANY OTHER CONDITIONS
AFFECTING THE PROPERTY AND OTHER ITEMS CONVEYED HEREUNDER, AS
GRANTEE IS PURCHASING THE SAME AS IS, WHERE IS, AND WITH ALL
FAULTS . GRANTEE OR ANYONE CLAIMING, BY, THROUGH OR UNDER
GRANTEE, HEREBY FULLY RELEASES GRANTOR, ITS EMPLOYEES, OFFICERS,
DIRECTORS, REPRESENTATIVES, ATTORNEYS AND AGENTS FROM ANY AND ALL
CLAIMS THAT IT MAY NOW HAVE OR HEREAFTER ACQUIRE AGAINST THE CITY
OF ARLINGTON (IN ALL OF ITS CAPACITIES) , AND THEIR RESPECTIVE
EMPLOYEES, OFFICERS, DIRECTORS, REPRESENTATIVES, ATTORNEYS AND
AGENTS FOR ANY COST, LOSS, LIABILITY, DAMAGE, EXPENSE, DEMAND,
ACTION OR CAUSE OF ACTION ARISING FROM OR RELATED TO ANY
CONSTRUCTION DEFECTS, ERRORS, OMISSIONS, OR OTHER CONDITIONS
AFFECTING THE PROPERTY AND OTHER ITEMS CONVEYED HEREUNDER.
GRANTEE FURTHER ACKNOWLEDGES AND AGREES THAT THIS RELEASE SHALL
BE GIVEN FULL FORCE AND EFFECT ACCORDING TO EACH OF ITS EXPRESSED
TERMS AND PROVISIONS, INCLUDING, BUT NOT LIMITED TO, THOSE
RELATING TO UNKNOWN AND UNSUSPECTED CLAIMS, DAMAGES AND CAUSES OF
ACTION. THIS CONVENANT RELEASING GRANTOR SHALL BE A COVENANT
RUNNING WITH THE PROPERTY AND SHALL BE BINDING UPON GRANTEE.
GRANTOR HEREBY ASSIGNS WITHOUT RECOURSE OR REPRESENATION OF ANY
NATURE TO GRANTEE, EFFECTIVE UPON THE EXECUTION AND DELIVERY
HEREOF, ANY AND ALL CLAIMS THAT GRANTOR MAY HAVE FOR ANY SUCH
ERRORS, OMISSIONS OR DEFECTS IN THE PROPERTY AND OTHER ITEMS
CONVEYED HEREUNDER. AS A MATERIAL COVENANT AND CONDITION OF THIS
CONVEYANCE, GRANTEE AGREES THAT IN THE EVENT OF ANY SUCH
CONSTRUCTION DEFECTS, ERRORS, OMISSIONS OR ON ACCOUNT OF ANY
OTHER CONDITIONS AFFECTING THE PROPERTY, GRANTEE SHALL LOOK
SOLELY TO GRANTOR'S PREDECESSORS OR TO SUCH CONTRACTORS AND
CONSULTANTS AS MAY HAVE CONTRACTED FOR WORK IN CONNECTION WITH
THE PROPERTY AND OTHER ITEMS CONVEYED HEREUNDER FOR ANY REDRESS
OR RELIEF. UPON THE ASSIGNMENT BY GRANTOR OF ITS CLAIMS, GRANTEE
RELEASES GRANTOR OF ALL RIGHTS, EXPRESS OR IMPLIED, GRANTEE MAY
HAVE AGAINST GRANTOR ARISING OUT OF OR RESULTING FROM ANY ERRORS,
OMISSIONS OR DEFECTS IN THE PROPERTY AND OTHER ITEMS CONVEYED
HEREUNDER. GRANTEE FURTHER UNDERSTANDS THAT SOME OF GRANTOR'S
PREDECESSORS IN INTEREST MAY BE OR BECOME INSOLVENT, BANKRUPT,
JUDGMENT PROOF OR OTHERWISE INCAPABLE OF RESPONDING IN DAMAGES,
AND GRANTEE MAY HAVE NO REMEDY AGAINST SUCH PREDECESSORS,
CONTRACTORS OR CONSULTANTS.
IN WITNESS WHEREOF, GRANTOR has caused this Quitclaim and
Assignment Agreement to be executed as authorized by a resolution
of its City Council . Grantee shall accept this Quitclaim and
Assignment Agreement by Resolution of GRANTEE' s City Council .
3
ATTEST: CITY OF ARLINGTON, TEXAS
BARBARA G. HEPTIG FIONA M. ALLEN
City Secretary Deputy City Manager
APPROVED AS TO FORM:
JAY DOEGEY, City Attorney
BY
ATTEST: CITY OF KENNEDALE, TEXAS
City Secretary
APPROVED AS TO FORM:
City Attorney
BY:
4
THE STATE OF 'TEXAS §
CITY OF KENNEDALE ACKNOWLEDGMENT
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and
for the State of 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 executed same for and as the act and deed of the
City of Kennedale, a municipal corporation of Tarrant County,
Texas, and as the thereof, and for
the purposes and consideration therein expressed, and in the
capacity therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, on this the
day of 2007 .
Notary Public in and for
The State of Texas
Notary' s Printed Name
My Commission Expires :
THE STATE OF TEXAS §
CITY OF ARLINGTON ACKNOWLEDGMENT
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and
for the State of Texas, on this day personally appeared Fiona M.
Allen, known to me to be the person whose name is subscribed to
the foregoing instrument, and acknowledged to me that he executed
same for and as the act and deed of the City of Arlington, a
municipal corporation of Tarrant County, Texas, and as the Deputy
City Manager thereof, and for the purposes and consideration
therein expressed, and in the capacity therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, on this the
day of 2007 .
Notary Public in and for
The State of Texas
Notary' s Printed Name
My Commission Expires ;
5
EXHIBIT "A"
CITY OF ARLINGTON, TEXAS
KEE BRANCH WATER SYSTEM
TO CITY OF KENNEDALE
DESCRIPTION
BEING all that certain tract or parcel of land situated in the P. ROUCHE SURVEY,Abstract No. 1338, the
W.H.HUDSON SURVEY,Abstract No. 716,and the M.ANDERSON SURVEY,Abstract No.9 in the City of
Kennedale,Tarrant County,Texas,and an unincorporated portion of Tarrant County,encompassing a portion
of the "Old" Kee Branch Water System conveyed to the City of Arlington, August 1, 1970, and being more
particularly described by metes and bounds as follows:
BEGINNING at a 518-inch iron rod found at the intersection of the south right-of-way line (right-of-way width
varies) of Hudson Village Creek Road with the west line of Eden Road;
THENCE South 89 degrees 48 minutes 03 seconds West, along the south right-of-way line of said Hudson
Village Creek Road, a distance of 2,900.02 feet to a point for corner;
THENCE North, departing said south right-of--way line, a distance of 52.89 feet to a point for corner on the
north right of way line of said Hudson Village Creek Road, and the south line of Lot 1, Block 1, Harrison Jet
Guns Addition to the City of Kennedale, Tarrant County, Texas, according to the plat recorded in Cabinet A,
Slide 6978 of the plat Records of Tarrant County, Texas;
THENCE, along said north right-of-way line of said Hudson Village Creek Road, the following:
North 89 degrees 48 minutes 13 seconds East, a distance of 566.97 feet to a '/2-inch iron rod found
for the southeast corner of said Harrison Jet Guns Addition and being on the west line of a 30-foot
road (Century Drive);
South 89 degrees 35 minutes 37 seconds East, departing the west line of said 30-foot road, a
distance of 416.17 feet to a Y2-inch iron rod found for the southwest corner of an unrecorded
subdivision known as Oakridge Mobile Home Estates;
South 89 degrees 39 minutes 48 seconds East,a distance of 110.48 feet to a point far corner on the
west line of Danny Drive (right-of-way width varies);
THENCE, along said west right-of-way line of said Danny Drive,the following:
North 01 degrees 10 minutes 49 seconds West, a distance of 300.00 feet to a point for corner;
North 22 degrees 01 minutes 28 seconds East, a distance of 107.80 feet to a '/x-inch iron rod found
for a corner;
North 01 degrees 45 minutes 20 seconds East, a distance of 99.64 feet to a point for corner;
North 01 degrees 38 minutes 11 seconds East, a distance of 100.10 feet to a point for corner;
North 00 degrees 24 minutes 49 seconds West, a distance of 100.00 feet to a point for corner;
North 01 degrees 13 minutes 43 seconds West, a distance of 200.23 feet to a point for corner;
North 01 degrees 10 minutes 49 seconds West, a distance of 100.00 feet to a point for corner;
7
4702
I
North 31 degrees 33 minutes 04 seconds f=ast,a distance of 150.45 feet to a point for the beginning
of a non-tangent curve to the left having a central angle of 120 degrees 28 minutes 59 seconds, a
radius of 33.94 feet, a chord bearing of North 30 degrees 35 minutes 44 seconds West, and a chord
distance of 58.93 feet;
Northwesterly,along said curve to the left, an arc distance of 71.37 feet to a point for the end of curve;
South 89 degrees 09 minutes 46 seconds West, a distance of 77.35 feet to a point for the beginning
of a non-tangent curve to the right having a central angle of 92 degrees 58 minutes 38 seconds, a
radius of 80.97 feet, a chord bearing of North 44 degrees 20 minutes 55 seconds West, and a chord
distance of 117.45 feet;
Northwesterly, along said curve to the right, an arc distance of 131.39 feet to a point for the end of
curve;
North 01 degrees 49 minutes 42 seconds West,a distance of 87.44 feet to a'/-inch iron rod found for
a corner;
North 00 degrees 47 minutes 52 seconds West, a distance of 609.98 feet to a point for a corner;
North 01 degrees 28 minutes 59 seconds West, a distance of 188.12 feet to a point for a corner;
North 40 degrees 26 minutes 38 seconds West, a distance of 197.19 feet to a t/z-inch iron rod found
for a corner;
THENCE North 40 degrees 26 minutes 38 seconds West,departing said right-of-way line,a distance of 10.46
feet to a point for corner;
THENCE North 66 degrees 33 minutes 37 seconds East, a distance of 10.00 feet to a point for corner;
THENCE South 40 degrees 26 minutes 38 seconds East, a distance of 10.46 feet to a point for corner on the
northerly right-of-way of said Danny Drive;
THENCE North 66 degrees 33 minutes 37 seconds East, along said northerly right-of-way line,a distance of
34.91 feet to a point for corner on the easterly right-of-way line of said Danny Drive;
THENCE, along said easterly right-of-way line of said Danny Drive, the following:
South 38 degrees 11 minutes 42 seconds East, a distance of 200.00 feet to a point for corner;
South 04 degrees 38 minutes 42 seconds East, a distance of 111.80 feet to a point for corner;
South 01 degrees 09 minutes 14 seconds East,a distance of 245.23 feet to a 518-inch iron rod found
for a corner;
South 00 degrees 12 minutes 30 seconds East,a distance of 175.07 feet to a 518-inch iron rod found
for a corner;
South 00 degrees 50 minutes 27 seconds East, a distance of 224.64 feet to a point for corner;
South 00 degrees 22 minutes 43 seconds East,a distance of 174.03 feet to a point for the beginning
of a non-tangent curve to the left having a central angle of 89 degrees 57 minutes 36 seconds, a
radius of 45.97 feet, a chord bearing of South 45 degrees 05 minutes 55 seconds East, and a chord
distance of 64.99 feet;
2
4702
Southeasterly,along said curve to the left,an arc distance of 72.18 feet to a point for the end of curve;
South 89 degrees 47 minutes 32 seconds East,a distance of 82.13 feet to a point for the beginning of
a non-tangent curve to the right having a central angle of 113 degrees 15 minutes 40 seconds, a
radius of 68.94 feet, a chord bearing of South 26 degrees 13 minutes 32 seconds East, and a chard
distance of 115.15 feet;
Southeasterly, along said curve to the right, an arc distance of 104.67 feet to a point for the end of
curve;
South 32 degrees 23 minutes 11 seconds West,a distance of 135.37 feet to a point for the northwest
corner of a tract of land described in deed to Donald J.Polston,recorded in Volume 8735,Page 1096,
D.R.T.C.T.;
THENCE North 89 degrees 36 minutes 52 seconds East, departing the east right-of-way line of said Danny
Drive along the northerly line of said Polston tract, a distance of 10.00 feet to a point for corner;
THENCE South 01 degrees 54 minutes 42 seconds East,departing the northerly line of said Polston tract,a
distance of 10.00 feet to a point for corner;
THENCE South 89 degrees 36 minutes 52 seconds West,a distance of 10.00 feet to a point for corner on the
easterly right-of-way line of said Danny Drive;
THENCE, along said easterly right-of-way line of said Danny Drive, the following:
South 01 degrees 54 minutes 42 seconds East,a distance of 90.00 feet to a"/-inch iron rod found for
a corner;
South 01 degrees 25 minutes 58 seconds East, a distance of 200.06 feet to a point for a corner;
South 00 degrees 29 minutes 16 seconds East, a distance of 99.99 feet to a point for a corner;
South 01 degrees 37 minutes 28 seconds West, a distance of 99.99 feet to a point for a corner;
South 02 degrees 04 minutes 27 seconds East, a distance of 100.10 feet to a point for a corner;
South 22 degrees 00 minutes 11 seconds West, a distance of 107.54 feet to a point for a corner;
South 01 degrees 14 minutes 30 seconds East, a distance of 300.00 feet to a point for a corner on
the north right-of-way line of said Hudson Village Greek Road;
THENCE, along said north right-of-way line of said Hudson Village Creek Road, the following:
South 89 degrees 39 minutes 39 seconds East,a distance of 191.18 feet to a 318-inch iron rod found
for a corner;
North 89 degrees 46 minutes 02 seconds East,a distance of 651.13 feet to a 518-inch iron rod found
for a corner;
North 89 degrees 27 minutes 21 seconds East, a distance of 260.47 feet to a 5I8-inch iron rod found
for a corner;
North 89 degrees 24 minutes 37 seconds East, a distance of 667.12 feet to a point for a corner;
3
4702
THENCE South 00 degrees 33 minutes 43 seconds East, departing the north line of said Hudson Village
Creek Road, a distance of 50.82 Feet to the POINT OF BEGINNING and containing 5.37 acres of land,more
or less.
* SURVEYOR'S CERTIFICATE
TO ALL PARTIES INTERESTED IN TITLE TO THE PREMISES SURVEYED, I DO HEREBY CERTIFY THAT
THE ABOVE LEGAL DESCRIPTION WAS PREPARED FROM PUBLIC RECORDS AND FROM AN ACTUAL
AND ACCURATE SURVEY UPON THE GROUND AND THAT SAME IS TRUE AND CORRECT.
Company Name: Schrickel. Rollins and Associates, Inc.
0
By;
Surveyor's Nam Geary Bailey ..^-,° is
GEARY BAILEY )
......................... ,.....y......c
Registered Professional Land Surveyor, Texas No. 4573 {;, 4573
9�'FF s s � °• -1
Date of Survey: A%)qub
4
4702
EXHMIT "B"
INFRASTRUCTURE DESCRIPTION
S'T'REET: HUDSON VILLAGE CREEK RD AND CENTURY RD
ITEM UNIT # OF UNITS
6" Waterline FT 2930
6" GV EA 1
FH (1966) EA 1
FH 1984) EA 1
STREET: DANNY DR
ITEM UNIT ## OF UNITS
6" Waterline FT 2550
6''GV EA 1
FH (1968) EA 2
FH (1972) EA 2
ADDRESS NAME STATUS
1. 4000 Danny Dr. Arnold Horton ACTIVE
2. 4016 Dann Dr. Vacant
3. 4020 Dann Dr. Wood Chapman ACTIVE
4. 4025 Dann Dr. Teresa Ter ACTIVE
5. 4036 Dann Dr. Daniel Davis ACTIVE
6. 4040 Dann Dr. Donna Finder ACTIVE
7. 4045 Dann Dr. Daniel Caraveo ACTIVE
$. 4060 Danny Dr. J. Cunnin ham ACTIVE
9. 4065 Danny Dr. N. Leis ACTIVE
10. 4084 Danny Dr. Jolita Hampton ACTIVE
11. 4086 Danny Dr. Stanford Kimberly ACTIVE
12. 4105 Danny Dr. Ashlle Robertson ACTIVE
13. 4120 Danny Dr. Vacant
14, 4125 Dann Dr. Jacqueline Skaggs ACTIVE
15. 4140 Danny Dr. Verna Jones ACTIVE
16. 4160 Danny Dr. Vacant
17. 4165 Danny Dr. John Hunt ACTIVE
18. 4180 Danny Dr. Broden Lozano ACTIVE
19. 4200 Danny Dr. J.B. Davis ACTIVE
20. 4209 Danny Dr. Sharon Wood JACTIVE
21. 4220 Danny Dr. Patricia Guardado ACTIVE
22. 4225 Danny Dr. Kris Polston ACTIVE
23. 4240 Dann Dr. Diane Johnson ACTIVE
24. 4245 Danny Dr. J.S. Denney ACTIVE
25. 4260 Danny Dr. Truett Sandlin ACTIVE
26. 4265 Danny Dr. W.L. Cooley ACTIVE
27. 4280 Danny Dr. G. Tabor ACTIVE
28. 4285 Danny Dr. Vacant
29. 4300 Danny Dr. Mike Rotenberry ACTIVE
30. 4315 Danny Dr. J. Hutchison ACTIVE
31. 4320 Danny Dr. Mary Kemp ACTIVE
32. 4325 Danny Dr. Judy Pettigrew ACTIVE
33. 4340 Danny Dr. Janis Boe ACTIVE
34, 4345 Danny Dr. V. Wells ACTIVE
35. 4360 Danny Dr. Cleo White ACTIVE
ConsentAgenda
Item
- f
STAFF REPORT TO MAYOR AND COUNCIL
Date: October 11, 2008 Item No: Subject: Resolution authorizing submittal of a grant
VIII-f under the EPA Community Wide Brownfield
Assessment Grant Program.
EPA has established a grant program to assist cities in encouraging the redevelopment of brownfield
properties. A brownfield is a site whose redevelopment or reuse may be complicated by the
presence or potential presence of a hazardous substance, pollutant or contaminant. This particular
grant program approach is locally based, encourages strong public-private partnerships, and
promotes innovative ways to clean-up and redevelop brownfield sites. Its primary features enable
the city to catalogue sites and proved Phase I and Phase It Environmental Assessments. The grant
contemplates the creation of a local advisory committee to assist in outreach and implementation.
The total grant application is $200,000 with no city contribution. Most of the funding is for technical
assistance to document and assess the properties. Any work done must have the consent of the
property owner.
Adoption of the resolution is recommended so the application can be submitted.
Originated by: Bob Hart, City Manager Disposition by Council:
Resolution
Whereas, the City of Kennedale has a desire to redevelop land with the
community; and
Whereas, the EPA has established a grant program to assist cities in
encouraging the redevelopment of brownfield properties; and
Whereas, the grant program is locally based and encourages public-private
partnerships; and
Whereas, the grant program contemplates a local advisory committee consistent
with City Council desires;
Now Therefore Be It Resolved that the City Manager is hereby authorized to
submit an application under the EPA community Wide Brownfield assessment
Grant-- Hazardous Substances Program.
Adopted on this the 11th day of October 2007.
Mayor, City of Kennedale
ATTEST
City Secretary
<Letterhead>
October 10, 2007
Ms. Monica Smith
EPA Region 6
1445 Ross Avenue, Suite 1200 (6SF-PB)
Dallas, TX 75202-2733
Phone: (214) 665-6780
Fax: (214) 665-6660
Email: smith.monica(a7ena.goov_
Mr. Don West
Environmental Management Support, Inc.
8601 Georgia Venue, Suite 500
Silver Spring, Maryland 20910
Phone: (301) 589-5318
RE: EPA RFP No. EPA-OSWER-OBCR-07-09
Community Wide Brownfield Assessment Grant--Hazardous Substances
Kennedale, Texas
Dear Ms. Smith and Mr. West
We are pleased to submit the City of Kennedale's proposal for a Community Wide
Hazardous Substances Brownfield Assessment Grant from the U.S. Environmental
Protection Agency(EPA).
The City of Kennedale has numerous environmental legacies associated with past
industrial operations and commercial entities that used solvents with their businesses.
Our top priority in the City is economic redevelopment within our Comprehensive Land
Use Plan to support long term smart growth and successful redevelopment of core target
areas such as the North Business/Oak Crest District,the Central Business Corridor,the
Southwest Business Corridor, and the Southern Business District.
The City sees our partnership with the EPA as a key element to our sustainable reuse of
blighted areas of our community and a necessary component to the long term economic
vitality of Kennedale. To this end we will utilize the grant funds to complete a
Brownfield Inventory managed through Geographic Information Systems (GIS)that will
serve as the foundation of our program's data management and public outreaco. Our
efforts completing Phase I and Phase II environmental site assessments (conforming with
40 CFR 312 and 70 FR 66070) will be electronically tied to this public system. Further,
using initial screening data, we will be more responsive to the communities' needs,
private redevelopment interests, and the City's redevelopment program. The Brownfield
Inventory will also allow real time interaction with representative community members
serving on our Brownfields Advisory Committee. Based on these assessment activities,
we can then expand our public outreach and redevelopment planning efforts to prioritize
and leverage our grant monies.
Applicant Identification
City of Kennedale
405 Municipal Drive
Kennedale, Texas 76060
Funding Requested
Grant Type: Assessment
Amount: $200,000
Contamination: Hazardous Substances
Type: Community Wide
Location
City of Kennedale, Tarrant County, Texas
Mayor Bryan Lankhorst
405 Municipal Drive
Kennedale, TX 76060
Phone: (817)478-5418 x 115
Fax: (817) 478-7169
Contact:
Mr. Bob Hart
City Manager
405 Municipal Drive
Kennedale, TX 76060
Phone: 817-478-9869
Fax: (817)478-7169
Email: bhart(a7.cityofkennedale,com
Date Submitted: October 10, 2007
Project Period: November 1, 2008 to October 31, 2011
Population: 6,400 (current estimate)
Other: The City of Kennedale is not a.federally recognized tribe; federally
designated Empowerment Zone/Enterprise Community; federally
designated Renewal Community; or a conununity with an Official
Recognition (OR) from the Depaitnent of Justice for its Weed and
Seed strategy.
Cooperative Partners:
University of Texas at Arlington
School of Urban and Public Affairs
Dr. Sherman Wyman
Phone: 817-272-3359
Email: wyman@uta.edu
Kennedale Economic Development Corporation
Mike Soab, Director
405 Municipal Drive
Kennedale,Texas 76060
Kennedale Chamber of Commerce
Pat Doescher, Chair
Kennedale Chamber of Commerce
PO Box 1552
Kennedale, Texas 76060
North Central Texas Council of Governments
Mr. John Promise, Director
Environment and Development
PO box 5888
Arlington, Texas 76005-5888
More detail on planned activities within the Kennedale Brownfield Program is included
in the attached application. We appreciate this opportunity and look forward to your
help.
Respectfully submitted,
Bob Hart
City Manager
THRESHOLD CRITERIA
A. Applicant Eligibility
The City of Kennedale, Texas is an incorporated municipality located within Tarrant
County, Texas.
B. Letter from the State or Tribal Environmental Authority
A letter from the Texas Commission on Environmental Quality(TCEQ)is included with
other support letters in Appendix A.
C. Site Eligibility and Property Ownership Eligibility
This is a proposal for a community-wide assessment grant and is not site-specific. Sites
that will receive grant-funded environmental assessments have not yet been identified.
Those chosen will meet EPA eligibility requirements that are incorporated in the project's
site selection process described in Section C.1., page 8. EPA will determine final
eligibility for each site.
RANKING CRITERIA
A. Budget
BUDGET Task 1 Task 2 Task 3 Task 4 Total
CATEGORIES Brownfield Outreach/ Assessments Remediation/
Inventory Prioritization Redevelopment
Planning
Personnel $0 $0 $0 $0 $0
Travel 1 $2,500 $1,500 $2,500 $1,500 $8,000
Equipment 2 $0 $5,000 $0 $0 $5,000
Supplies $1,000 $1,500 $500 $1,000 $3,000
Contractual $18,0003 $10,000 $150,000 $6,000 $184,000
Total $21,500 $18,000 $153,000 $8,500 $200,000
1. Costs related to attending two national conferences and two regional conferences
2. Costs for GIS software system elements
3. Costs related to 20 to 25 Phase I ESA 's and 10 Phase II ESA's
Task 1 — Brownfield Inventory (Months 1 -- 36): The City will engage an
environmental consulting f nn to conduct a preliminary survey and inventory of all
potential brownf ells sites in the target areas. The survey will include information on
current address and ownership, known previous uses and activities, possible
environmental issues, and the current status of each potential brownfields site.
Additionally, Environmental Professionals (meeting 40 CFR 312 requirements) will be
used to gather and review additional regulatory database, current photographs, fire
City of Kennedale,Texas
Community-Wide Hazardous Substances Assessment Grant Proposal Page No.4
insurance maps, aerial photographs, historical topographic maps, and historical city
directories for inclusion with the Brownfields Inventory. The information will be entered
into and maintained as part of the City's Geographical Information System (GIS) for
future prioritization and planning activities. Further, as Phase I ESA and Phase Il ESA
reports are generated concerning specific parcels with high redevelopment potential or
inunediate assessment needs, these will be electronically connected to the Brownfields
Inventory to allow instant access to this data. We will grow the Brownfields Inventory
throughout the life of our program and plan on using this as an integral part of our future
outreach and planning initiatives..
Task 2 - Outreach/Prioritization (Months 5 — 36). The City plans on seeping input
from the various Cooperative Partners, local community groups, local business leaders,
neighborhood organizations and property owners to build a strong and viable
Brownfields Program.
The City will form a Brownfields Advisory Committee (BAC) to meet quarterly with
representatives from the Economic Development Corporation, the Industrial Council, the
Kennedale Chamber of Commerce, local realtors, members of local government, and
residents supportive of the Kennedale Brownfields Program. A final prioritization
criteria and scoring method will be developed that allows the leveraged use of
Brownfield monies to accomplish the City's redevelopment goals. The prioritization
criteria will be based on the potential environmental issues associated with the sites,
economic benefits that can be expected when the sites are redeveloped, and the
probability of successful redevelopment.
Additional outreach milestones for the Kennedale Brownfields Program include:
• Development of an internet-based version of the Brownfield Inventory to allow
public access to produced reports, photographs, and related materials from the
BAC as the system is refined.
• Preparation of a community survey for targeted areas where both property owners
and residents are consulted concerning redevelopment priorities. Shaw has
developed similar surveys to provide definitive responses from the community
concerning their highest concerns. The results of this survey can then be
evaluated by the BAC with regard to long term redevelopment goals.
• Commercial outreach/work shops to attract local businesses into the brownfield
areas where infrastructure reuse is critical and community need is high. Our
contracted environmental consulting firm and the City will serve as a technical
support to aid commercial development community in understanding potential
costs, regulatory requirements, and general timeframes associated with similar
brownfield redevelopment activities.
• Public outreach to Kennedale Junior and Senior High Schools with presentations
where information is provided to students in the City on what a brownfield is
what they can do to help the environment, and minimize the generation of future
brownfields.
City of Kennedale,Texas
Community-Wide Hazardous Substances Assessment Grant Proposal Page No. 5
Task 3 — Assessments (Months 6- 36): The environmental consultant will conduct
Phase I (ASTM E1527-05 and 40 CFR 312 requirements) and Phase II (as necessary)
environmental site assessments on the high priority sites identified in Task 2 to determine
the nature and extent of any environmental contamination. This assessment will include
the evaluation of hazardous substances including chlorinated solvent releases, metal
releases, asbestos-containing materials and lead-based paint. It is our intent to utilize
risk-based comparison criteria allowed under the Texas Risk Reduction Program (TRRP)
during all Phase II assessments to better represent potential contamination issues to their
proper cleanup goals.
As necessary, the City will work with potential redevelopers to complete the assessment
activities required under the Texas Voluntary Cleanup Program (VCP). By using the
liability protections afforded in the VCP, the City can leverage our assessment dollars to
move specific properties closer to regulatory closure when limited contamination is
present. Additionally, the City will work with the TCEQ Brownfield Site Assessment
(BSA) program which uses other monies to move eligible properties toward closure in
the VCP.
Task 4 -- Remediation and Redevelopment Planning (Months 12-36) Based on the
results of the Phase I and Phase II reports, the City, BAC, and the environmental
consultant will coordinate the creation of a remediation and redevelopment plan for each
high priority site. The plan will address specific measures required to remediate
identified environmental problems, legal and financial issues surrounding environmental
cleanup, appropriate land uses, economic governmental incentives, infi-astructure issues,
marketing, opportunities for public/private partnerships, and specific development
opportunities that should be pursued in the redevelopment of each property.
B. Community Need
1. Target Community Description:
This proposal addresses the community-wide challenges facing the City of Kennedale.
We have selected a few target areas that the City will focus on that have immediate needs
and correspond with other Economic development initiatives including the creation of a
Tax Increment Finance District in the North Business/Oak Crest District and a portion of
the Central Business Corridor, and the development of a Town Center located in the
Central Business Corridor.
In the mid-1800s, Kennedale was an early transportation hub with many wagon trails
crossing through the current incorporated limits. Indications are that this was a popular
hunting and fishing area for small groups until permanent settlements were established
along bluffs overlooking tributaries of the Trinity River. In 1882 John D. Hudson, along
with C.B. Teague and O.S. Kennedy, purchased land and established the Town of
Kennedale at the site of a mineral well. The well formed the focal point for development
of a central business district with a train depot, hotel, general merchandise store, drug
store, bank, post office, lumber company, and blacksmith. In 1886 the Fort Worth and
New Orleans Railway Company was built through Kennedale to Waxahachie.
City of Kennedale,Texas
Community-Wide Hazardous Substances Assessment Grant Proposal Page No. 6
Fire raged through the business district in 1908 destroying all but the general store, which
6 remained standing until 1997. The business district was never rebuilt and business
activity gradually migrated to Mansfield Highway. After an election with 42 voters in
July 1947,the Town of Kennedale was formally incorporated with a population of 300.
By 1950 the population had increased to 500, and a petition to the State was approved
changing the status of Kennedale from "Town" to "City."
In the 1960's Kennedale was a small community away from the larger cities of Fort
Worth and Arlington. Three car race tracks,two dirt tracks and one 1/8 mile drag strip,
developed and began a draw for businesses that could not locate elsewhere in the
southeastern portion of Tarrant County, namely salvage yards, sexually oriented business
and auto repair shops. As growth occurred in the general region,the land along major
transportation corridors were annexed by Fort Worth,Arlington, and Mansfield, leaving
no sales tax generating properties in Kennedale. Today,Kennedale has no substantial
retail businesses or services available within the city limits. The grocery store closed in
2000 and there are no medical services available.
This leaves the City of Kennedale in the position today that redevelopment is essential for
the economic health of the community. The city has identified four target areas that can
provide some opportunity to develop a tax base to support the services needed by
citizens:
Target Area 1 —North.Business/Oak Crest District. This area serves as the north
entrance to the City. It is marked by dilapidated structures, abandoned properties, and
sexually oriented businesses. Today,this area accounts for I% of the population and
approximately 9%of the calls for police service. This area is targeted by the city for
inclusion in a Tax Increment Finance District as a way to initiate clean-up of the area.
More importantly,perhaps the area includes Village Creek. Village Creek is a waterway
feeding into Lake Arlington, a water supply source for the region. Kennedale has
structures; that lie within the floodway or floodplain of Village Creek. The city desires to
clear this property to use as a linear park to tie into the proposed Arlington Refuge to the
east.
Target Area 2—Central Business Corridor. This area is along Kennedale Parkway/US
Business 287. The area is a mix of salvage yards, industrial properties, auto parts and
repairs, and abandoned properties. This corridor includes the area targeted by the City
for the Town Center, an economic development effort to create retail and office space to
provide basic services to residents.
Target Area 3—Southwest Business Corridor. This area is at the south entrance of
town and along Kennedale parkway/US Business 287. The area has a steel scrap yard,
auto salvage yards, industry, and abandoned/vacant property, including closed gasoline
stations.
City of Kennedale,Texas
Community-Wide Hazardous Substances Assessment Grant Proposal Page No. 7
Target Area 4--Southern Business District. This area encompasses the southwest part
of Kennedale and includes salvage yards, industrial sites, auto repair shops, and closed
industrial properties.
2. Benefits to Target Community:
3. Impacts of Brownfields on Target Community:
The impact of these brownfields on the target community is significant.
Extent of Brownflelds-
Economic Impact—
Health and Environmental Impacts-
C. Site Selection Process
City staff and community members will work together to identify those sites whose
redevelopment will provide the greatest potential community impact. Through the Town
Hall meetings, the Chamber of Commerce meetings, and round table discussions the City
will be able to educate the citizens on brownfields and simultaneously receive tips on
possible sites to consider for assessment.
1. Process and Criteria --- A ranking system that takes into consideration site size,
location, potential health and environmental impacts, community need, redevelopment
potential, job creation, and developer commitment will be developed to prioritize sites
selected for assessment activities. Through the use of the GIS City staff will have the
capability to consider other factors including environmental threats to adjacent
neighborhoods, suitability of the property for redevelopment, and the likelihood that the
property can realistically be redeveloped.
2. Previous Inventory/Prioritization Activities — Several resources are available to
further identify potential candidates for brownfields redevelopment. The primary
resources for finding potential sites would be the Texas Commission on Environmental
Quality (TCEQ), the state environmental regulatory agency, and the community
members. The TCEQ's leaking underground storage tank database will be a great asset in
identifying potential sites as well as community members' input via survey will provide a
more pragmatic view of the target.
3. Access Issues for Private Properties — Special consideration will be given to City
owned properties as well as tax delinquent properties. However, the majority of the sites
selected for testing will most likely be privately owned. It is not known at this time
whether or not the present owners are responsible for any contamination. The City will
abide by EPA policies and guidelines for tests conducted on privately held sites. Specific
sites will be selected for Phase I and Phase 11 environmental testing based on criteria
established by the brownfields advisory committee. Educating the private citizens on the
potentially negative health, safety, social and economic issues associated with
brownfields should help to alleviate access concerns. Through early education and
outreach opportunities the City does not anticipate many access issues.
City of Kennedale,Texas
Community-Wide Hazardous Substances Assessment Grant Proposal Page No. 8
D. Sustainable Reuse of Brownfields
Reinvigorating neighborhoods and focusing on development of downtown are just two of
the City's many community priorities. The City's efforts to encourage brownfields
redevelopment and to prevent the creation of future brownfields through sustainable
development are integral parts of the Arlington's future development plan. As such, the
City's sustainable development strategy promotes improved air quality by supporting
pedestrian activity and reducing reliance on the automobile. The City has initiated
incentives for developments that preserve and protect resources; reducing the amount of
motorized travel by providing efficient and attractive pedestrian, bike and public
transportation systems; and even converting City vehicles to alternative fuels that reduce
air emissions.
1. Prevent Pollution & Reduce Resource Consumption— Sustainable development and
energy reduction goals, policies, and strategies are outlined in the City of Kennedale's
Comprehensive Land Use Plan to further the City's efforts to prevent the occurrence of
brownfields. To further this initiative, City Council has set priorities that include the
creation of the Citizens Environmental Committee to make recommendations regarding
green building standards. Also, modifications to the City's building code standards were
made to increase energy efficiency through the use of Energy Star rated products.
2. Promoting Economic Benefits — Brownfield redevelopment will help the City
materialize its economic vision into reality as revitalization of the area will serve as a
catalyst for both public and private investment. It will also support renewed economic
activity, effectively building on the strengths of the area and connecting to adjacent
neighborhoods. Such public/private investments in the target area include the construction
of a professional sports facility.
3. Promoting a Vibrant Community — The City of Kennedale is working with private
developers, business groups, and neighborhood associations to transform some of the
older sections of the city into vibrant areas. These areas will have a concentration of jobs,
housing, commercial uses, public spaces, public transportation and pedestrian activity.
The City, with guidance from neighborhood stakeholders and community leaders, will
identify and prioritize certain high priority areas. One such area is downtown and its
adjacent neighborhoods.
To increase pedestrian presence in the downtown area, the City has invested in a
Pedestrian Infrastructure Study that will inventory all current infrastructures in the
downtown area. Also, through the use of surveys, the study will research the needs of
downtown pedestrians and make recommendations to the City on future infrastructure
improvements. The revitalization around the entertainment district will foster the
development of new business in this economically depressed area and expand the tax
base as well.
E. Creation and/or Preservation of Greenspace/Open Space-There are several
possible brownfields sites within the City that have potential for redevelopment as green
space or open space. One area in particular is an old salvage yard within the Village
City of Kennedale,Texas
Community-Wide Hazardous Substances Assessment Grant Proposal Page No. 9
Creek watershed. This area has been considered a prime location for a linear park. The
park would include a large natural area with hike and bike trails. These trails could
potentially link up with the City's other trail systems to create a network of trails
throughout the City. A trail system would provide residents of Kennedale with an
alternative to traveling by automobile, thereby improving air quality throughout the City.
Once this and other brownfields sites are redeveloped or transformed into a park or green
space, the City of Kennedale Parks Department will be responsible for the management
and care of the new park facilities. The City of Kennedale Parks Department has a proud
tradition of developing and maintaining one of the finest park systems in the state of
Texas.
F. Pre-Award Community Notification
1. Notification and How Comments Will Be Received — The City will place the
proposal information on the City's website to allow residents and business owners the
opportunity to learn of the City's brownfields program. Through the use of the City's
website we will also allow users to submit comments via email. City staff will contact
stakeholder groups such as East Arlington Renewal, North Action Team and the
Southwest Action Team about attending one of their monthly meetings. At these
meetings, City staff will be able to engage the stakeholder groups and obtain their
comments. Also, the information on the proposal will be placed on the city's government
access channel. This channel will loop the information throughout the day during the
commenting period. Finally, citizens were notified of the City's intent to submit a
proposal for the Brownfields Assessment Grant at the November 28, 2006 City Council
Meeting. The public hearing process allowed citizens the opportunity to voice their
questions and concerns.
2. Why Use This Notification Process? — The methods referenced above are the most
effective as they reach the most citizens throughout the City. These are also standard
methods often used by the City to notify the public of upcoming meetings and events.
3. Comment Period and Outreach -- The city proposes a 4 to 6 week comment period.
This amount of time allows the residents and business owners the opportunity to survey
their own community and determine their needs. To reach the residents of the target area
the City will use the methods outlined above.
4. Addressing Comments Received — Once comments are received, City staff will
review comments and incorporate them as appropriate.
G. Ongoing Community Involvement
1. Involving the Affected Community — Involving the local community in cleanup
decisions and reuse plans will be a priority of the City. The City will begin a public
awareness campaign to educate the public on the issues of brownfields, their potential for
redevelopment, and the impact of redevelopment on the community, once the grant is
awarded. The campaign will include news releases and articles in local newspapers and at
City of Kennedale,Texas
Community-Wide Hazardous Substances Assessment Grant Proposal Page No. 10
public meetings as well as postings on the City's cable television station, and website.
The articles and information will announce the grant award, explain brownfields, and
outline the community involvement process. Stakeholders will be identified and a series
of stakeholders meetings held to encourage community input. This process will be
utilized for the City's future Brownfields redevelopment projects.
2. Partnerships — A brownfields advisory committee will be formed comprised of
members of neighborhood groups, community organizations, local business leaders, and
property owners. Special care will be taken to ensure that residents of the affected
neighborhoods have a voice on the committee as community involvement will continue
to be a priority of the brownfields program. The City will also work with the Voluntary
Cleanup Program of the TCEQ to ensure that cleanup plans are appropriate for the
intended future uses and that cleanup is conducted in an approved manner.
3. Communicating Progress—
4. Community-Based Organizations -
Organization Contact Person Phone Number Activities and Representation
XXX
XXX
H. Reduction of Threats to Human Health and the Environment
1. Reducing Threats to Health & the Environment — The majority of the assessment
grant will be used to perform Phase I and Phase II environmental site assessments on
identified brownfields sites and other potential sites for redevelopment within the
downtown and other community areas. These assessments will identify environmental
concerns that may require further investigation to determine their potential impact to the
environment including human health. When contaminants are discovered City staff will
collaborate with the Arlington Human Service Planners (AHSP) and the TCEQ to create
an outreach program that informs residents and property owners of any potential human
health problems associated with the contaminants. By effectively identifying and
delineating the impacts of any identified contaminants, an effective cleanup operation can
be planned and performed under the Texas Commission on Environmental Quality's
(TCEQ)Voluntary Cleanup Program(VCP).
2. Working with Local and State Authorities Regarding Human Health, the
Environment and Public Health Issues — The City of Arlington has already contacted,
and will continue to work with, the Voluntary Cleanup Program (VCP). Potential
brownfields projects will be entered into the VCP's Brownfields Site Assessment
program. This will help the City ensure that the proper cleanup criteria are developed for
each site and that the sites are cleaned up to the satisfaction of the state. The City will
also seek guidance from TCEQ on providing review and comment, technical assistance,
and oversight, which may be necessary for the issuance of a certificate of completion
under the VCP.
City of Kennedale,Texas
Community-Wide Hazardous Substances Assessment Grant Proposal Page No. I I
I. Leveraging Additional Resources
1. Other Funds to Meet Assessment Needs—Currently, the city has four Tax Increment
Reinvestment Zones (TIRZ) that are used to finance infrastructure development
throughout the city. Two of these TIRZs are in the target area. The Downtown TIRZ,
which was established in 1998, encompasses the entire downtown area and some of the
surrounding residential neighborhood. The East Abram Street TIRZ was established in
2005 and is also included in the target area. City staff is in the process of working with a
private consultant to establish a fifth TIRZ that will include the entire entertainment
district.
The City also participates in the Texas Enterprise Zone Program which was created in
1988. The program promotes private investment and job creation in targeted areas or
zones that are in need of physical or economic revitalization. There are currently two
enterprise zones located in the City of Arlington The Great Southwest Enterprise Zone
was established in 1992 and will remain in effect until September 2007. This zone
encompasses a portion of the Great Southwest Industrial District, which is a regional
manufacturing and warehouse center. Due to the industrial character of the area, City
incentives are primarily targeted at office and industrial development. The Centre
Arlington Enterprise Zone was established in 1994 and will continue through August
2009. This area includes the City's downtown core and surrounding residential
neighborhoods. Since both enterprise zones are located in the target area, the added
funding allows the City to assess vacant or underutilized land. Once the land has been
cleared and ready for redevelopment it will be available for the same incentives given to
other parcels in the enterprise zone. This allows more room for growth and the creation of
more jobs. There are also local incentives such as tax abatements and development fee
waivers that are designed to encourage retail and office development and to promote
revitalization. These incentives are administered on a case by case basis.
2. Leveraging Funds — Other funding resources that the City is pursuing to assist in the
redevelopment of Arlington include seeking state and federal grants (U.S. Department of
Housing and Urban Development's Community Development Block Grant and Homeless
Grant, the Supportive Housing Program Grant, and Historic Preservation funds),
supporting establishment of community development corporations, working with lenders
to establish low interest loan pools, encourage the use of historic preservation investment
tax credits, and streamlining the development process.
The City completed a 2005-2010 Consolidated Plan which identifies a Neighborhood
Revitalization Strategy Area (NRSA). This target area includes 70% low to moderate
income individuals and a 28% poverty rate as well as a high concentration of minority
citizens. Funded by the Department of Housing and Urban Development with
Community Development Block Grant (CDBG) and Home Investment Partnership Funds
(HOME) the program uses comprehensive revitalization strategies to create partnerships
which will result in new housing, new jobs and a new revitalized look for Central
Arlington.
City of Kennedale,Texas
Community-Wide Hazardous Substances Assessment Grant Proposal Page No. 12
In addition, the City recently created the Arlington Tomorrow Fund which has set aside
,6 approximately $2 million of annual funding for economic development activities
associated with brownfield redevelopment. In 2003, voters approved a bond package
worth $8.2 million in funding for street improvement in the Great Southwest Industrial
District, which is located along the eastern edge of the city and is home to many
businesses. Moreover, Arlington Chamber negotiated a Triple Freeport tax exemption in
the Great Southwest Industrial Districts, and thus greatly increased the potential for
redevelopment in the area. Arlington has successfully sought funding allocation from
Texas Department of Transportation (TxDot) to renovate Highway 360, which is a major
thoroughfare in the eastern edge of Arlington. The renovation project is expected to be
completed by 2009. The City is also planning to apply for the Brownfield Revolving
Loan Fund in cooperation with the EPA as the City moves forward with brownfield
redevelopment.
J. Programmatic Capability
1. Ability to Manage Grants -- City staff plans to coordinate brownfield related
activities with several city departments including, but not limited to Community
Development Sc Planning, Community Services, the City Manager's Office, and
Environmental Services. The following people will be the primary points of contact for
the project:
2. History of Managing Federal Funds — The City of Arlington has had a successful
history of managing grants. As indicated in the table below, grant amounts here varied
fromas small as $24,500 to as large as $3,263,871. The NRSA previously mentioned in
Section I is funded through both 2005 and 2006 CDBG and HOME funds.
3. Compliance with EPA Brownrields Cooperative Agreement Requirements—
4. Tracking& Measuring Progress—To monitor the progress of the Brownfields
Redevelopment Program, staff will use the GIS system created during the site inventory
portion of the project. Close attention will be paid to amount of funds used on sites that
were formally brownfields. The City's accounting and auditing procedures are set up to
ensure proper use and reporting of funds. The City currently has stringent policies and
procedures related to the use and reporting of grant funds. As such, assessment grant fund
received grant fund received will be closely monitored to ensure they are appropriately
used. This will include monthly meetings with assigned finance personnel.
Potential measures of success the City will use are outlined below:
APPENDIX A.
LETTER FROM STATE OR TRIBAL ENVIRONMENTAL AUTHORITY&
OTHER LETTERS OF SUPPORT
City of Kennedale,Texas
Community-Wide Hazardous Substances Assessment Grant Proposal Page No. 13
Consent Agenda
Item
- g
STAFF REP FORT TO MAYOR AND COUNCIL
Date: October 6,2007 Items: V111-g Subject: Consider approval of Resolution No. 241,
Suspending rate increase proposed by Atmos Energy
Corporation. If
i
The Railroad Commission issued a Final Order approving new system-wide rates for customers of Atmos
Energy's Mid-Tex Division in May. Residential rates were increased by $10 million annually, Also in May,
Atmos Mid-Tex filed its application for its fourth GRIP surcharge in four years, seeking to increase the rates of
all customers by$12 million annually. Despite both of these recent actions to increase customers'rates,Atmos
Mid-Tex has filed an application with cities retaining original jurisdiction over rates and services to increase
system-wide rates by another$52 million.
The Company's application was filed with the City on September 20,2007. Atmos asks the City to approve an
8.27% increase in residential rates, a 22.72%increases in commercial rates,and a 38.95% increase in industrial
and transportation rates.
Purpose of the Resolution:
The resolution suspends the effective date of the Company's rate increase for the maximum period permitted by
law to allow the City time to evaluate the filing, determine whether the filing complies with law, and if lawful,
to determine what further strategy, including settlement,to pursue.
The law provides that a rate request made by a natural gas utility cannot become effective until 35 days
following the filing of the application to change rates. The law permits the City to suspend the effective date
for 90 days. If the City does not take action to suspend the filing,Atmos Mid-Tex may begin charging
increased rates after October 25,2007. According to Atmos, annual rates would increase by approximately
$20 for residential customers.
The City has participated in prior Atmos Gas rate matters with a coalition of cities now known as Atmos Cities
Steering Committee(ACSC). ACSC is a permanent standing committee with 99 members who have passed
resolutions authorizing ACSC to intervene on behalf of the city in natural gas matters pending before the
Railroad Commission,the Courts or the Legislature. There are currently 141 cities participating with ACSC,
including cities that are participating with ACSC on an ad hoe basis. A list of the current members and
participants is attached.
Report continued on next page
Originated by: Bob Hart Disposition by Council:
City Manager
1�
STAFF REPORT CONTINUED PAGE 2
Date: October 6, 2007 Items: VIII-g Subject: Consider approval of Resolution No. 241,
Suspending rate increase proposed by Atmos Energy
Corporation.
Explanation of"Be It Resolved" Paraeraphs:
Section 1. The city is authorized to suspend the effective date for 90 days for any legitimate purpose. Time to
study and investigate the application is always a legitimate purpose. Please note that the resolution refers to the
suspension period as"the maximum period allowed by law"rather than ending by a specific date. This is
because the Company controls the effective date and can extend the deadline for final city action to increase the
time that the City retains jurisdiction if necessary to reach settlement on the case. If the suspension period is
not increased by the Company, the City must take final action on Atmos'request to raise rates by January 24,
2007.
Section 2. Negotiating clout and efficiency are enhanced by the City cooperating with other ACSC cities in a
common review and common purpose. Additionally, rate case expenses are minimized when ACSC hires one
set of attorneys and experts who work under the guidance and control of the ACSC Executive Committee. This
provision authorizes the ACSC to act on behalf of the City at the local level in settlement discussions, and in
preparation of a rate ordinance and on appeal of the rate ordinance to the Railroad Commission and on appeal
to the Courts. Any settlement negotiated by ACSC must be approved by all ACSC member city councils
through new rate ordinances.
Section 3. Cities,by statute are entitled to recover their reasonable rate case expenses from the utility. Legal
counsel and consultants approved by the ACSC Executive Committee will submit monthly invoices to the City
of Arlington that will be forwarded to Atmos for reimbursement. No individual city incurs liability for
payment of rate case expenses by adopting a suspension resolution.
Section 4. This section merely recites that the resolution was passed at a meeting that was open to the public
and where the consideration of the Resolution was properly noticed.
Section 5. This section provides that both Atmos and counsel to ACSC will be notified of the City's action by
sending a copy of the approved and signed resolution to certain designated individuals.
Originated by: Bob Hart Disposition by Council:
City Manager
RESOLUTION NO. 241
RESOLUTION OF THE CITY OF KENNEDALE
SUSPENDING THE OCTOBER 25, 2007, EFFECTIVE
DATE OF ATMOS ENERGY CORP., MID-TEX DIVISION
REQUESTED RATE CHANGE TO PERMIT THE CITY
TIME TO STUDY THE REQUEST AND TO ESTABLISH
REASONABLE RATES; APPROVING COOPERATION
WITH ATMOS CITIES STEERING COMMITTEE AND
OTHER CITIES IN THE ATMOS ENERGY CORP., MID-
TEX DIVISION SERVICE AREA TO HIRE LEGAL AND
CONSULTING SERVICES AND TO NEGOTIATE WITH
THE COMPANY AND DIRECT ANY NECESSARY
LITIGATION AND APPEALS; REQUIRING
REIMBURSEMENT OF CITIES' RATE CASE EXPENSES;
FINDING THAT THE MEETING AT 'WHICH THIS
RESOLUTION IS PASSED IS OPEN TO THE PUBLIC AS
REQUIRED BYLAW; REQUIRING NOTICE OF THIS
RESOLUTION TO THE COMPANY AND LEGAL
COUNSEL
WHEREAS, on or about September 20, 2007, Atmos Energy Corp., Mid-Tex Division
(Atmos), pursuant to Gas Utility Regulatory Act § 104.102 filed with the City of Kennedale a
Statement of Intent to change gas rates in all municipalities exercising original jurisdiction
within its Mid-Tex Division service area effective October 25, 2007; and
WHEREAS, it is reasonable for the City of Kennedale to maintain its involvement in the
Atmos Cities Steering Committee (ACSC) and to cooperate with the 141 similarly situated city
members and other city participants of ACSC in conducting a review of the Company's
application and to hire and direct legal counsel and consultants and to prepare a common
response and to negotiate with the Company and direct any necessary litigation; and
WHEREAS, the Gas Utility Regulatory Act § 104.107 grants local regulatory authorities
the right to suspend the effective date of proposed rate changes for ninety (90) days, and
WHEREAS, the Gas Utility Regulatory Act § 103.022 provides that costs incurred by
Cities in ratemaking activities are to be reimbursed by the regulated utility.
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KENNEDALE, TEXAS:
1. That the October 25, 2007, effective date of the rate request submitted by Atmos
on or about September 20, 2007, be suspended for the maximum period allowed by law to permit
adequate time to review the proposed changes and to establish reasonable rates.
I
2. That the City is authorized to cooperate with ACSC and its member cities in the
Mid-Tex service area to hire and direct legal counsel and consultants, negotiate with the
Company, make recommendations to the City regarding reasonable rates and to direct any
necessary administrative proceedings or court litigation associated with an appeal of a rate
ordinance and the rate case filed with the City or Railroad Commission.
3. That the City's reasonable rate case expenses shall be reimbursed by Atmos.
4. That it is hereby officially found and determined that the meeting at which this
Resolution is passed is open to the public as required by law and the public notice of the time,
place, and purpose of said meeting was given as required.
5. A copy of this Resolution shall be sent to Atmos, care of Joe T. Christian,
Director of Rates, at Atmos Energy Corporation, 5420 LBJ Freeway, Suite 1800, Dallas, Texas
75240, and to Geoffrey Gay, General Counsel to ACSC, at Lloyd Gosselink Blevins Rochelle &
Townsend, P.C., P.O. Box 1725,Austin, Texas 787671725.
Mayor, City of Kennedale
ATTEST:
City Secretary, City of Kennedale
2
Regular Items
Regular Items
Item - h
CITY OF KENNEDALE, TEXAS
OFFICE OF THE CITY SECRETARY
COUNCIL MEETING MINUTE SLIP
DATE: OCTOBER 11, 2007
REGULAR ITEMS:
ITEM NUMBER: IX-h
MOTION: \'t
COUNCIL MEMBERS MOTI SECOND AYE NAY ABSTAINIABSENT
CLARK
JOHNSON
MILLER
GREEN
NOWELL
ORDINANCEfRESOLUTION NO. CARRIED
FAILED
FOLLOW UP:
CITY SECRETARY'S FOLLOW UP:
►S"TAFF REPORT TO MA YOR AND COUNCIL
Date: October b,2007 Items: VIII-h Subject: Consider approval of Ordinance No. 378,
establishing speed limits on Kennedale Parkway.
Texas Department of Transportation has approached the City to increase the speed limit on BU
287 to 45 MPH. School Zone would remain 30 MPH while lights are flashing.
Ordinance is attached for review and consideration. Due to size of strip map reflecting change
it is not included in packet. However, it is located in my office if you wish to review.
jt
r�
Originated by: Kathy Turner,City Secretary Dispositi n�,by. Council.
tJi�
Aff Texas Department of Transportation
P.O. BOX 6868 FORT WORTH,TE=XAS 76115-0868•(817) 370-6500
September 11, 2007
CONTACT:TE
Speed Zoning in Kennedale
Control&Section: 0172-01 &0172-02
Highway: BU 287P
County: Tarrant
Ms. Kathy Turner
City Secretary
City of Kennedale
405 Municipal Drive
Kennedale,TX 76060
Dear Ms. Turner:
Considering recent engineering and traffic investigations by our Traffic Operations Section, we recommend the
posted speed limits be as follows on BU 287P in Kennedale:
Control-Section: 0172-01
• MP 10.080 south 0.381 miles to MP 10.461,zoned at 45-MPH
Control-Section: 0172-02
• MP 10.461 south 2.915 miles to MP 13.376,zoned at 45-MPH
Control-Section: 0172-02
• School Zone: MP 11.541 south 0.184 miles to MP 11.725,zoned at"30 MPH when flashing","45 MPH all
other times".
We are enclosing a copy of the updated strip map reflecting the changes. If the City Council concurs with our
recommendations, we ask that the City pass an ordinance establishing the proposed speed zones. We are also
enclosing a copy of a typical speed zone ordinance for their consideration. Please send a copy of the ordinance to
this office when it is passed.
If you should have any questions concerning this matter,please contact Clark Fulbright at(817) 370-6771.
Sincerely, d
1
Oiramey F. B d' ord,P.E.
Director of Transportation Operations
Fort Worth District
DCFJ:
Enclosures
An Equal Opportunity Employer
ORDINANCE NO.378
a
AN ORDINANCE ALTERING THE PRIMA FACIE SPEED LIMITS
ESTABLISHED FOR VEHICLES UNDER THE PROVISIONS OF THE
TRANSPORTATION CODE, CHAPTER 545, SECTION 545.356, UPON
THE BASIS OF AN ENGINEERING AND TRAFFIC INVESTIGATION
UPON CERTAIN STREETS AND HIGHWAYS, OR PARTS THEREOF,
WITHIN THE CORPORATE LIMITS OF THE CITY OF KENNEDALE,
KENNEDALE, TEXAS AS SET OUT IN THE ORDINANCE; AND
PROVIDING A PENALTY OF A FINE NOT TO EXCEED $500.00 FOR
VIOLATION OF THIS ORDINANCE.
WHERE AS, the Texas Transportation Code, Chapter 545 Paragraph 545.356, provides
that whenever the governing body of the City shall determine upon the basis of an engineering
and traffic investigation that any prima facie speed therein set forth is greater or less than is
reasonable or safe under the conditions found to exist at any intersection or other place or upon
any part of a street or highway, with the City taking into consideration the width and condition of
the pavement and other circumstances on such portion of said street or highway, as well as the
usual traffic thereon, said governing body may determine and declare a reasonable and safe prima
facie speed limit thereat or hereon by the passage of an ordinance, which shall be effective when
appropriate signs giving notice thereof are erected at such intersection or other place or part of the
street or highway,now therefore,
BE IT ORDAINED by the City Council of the
City of Kennedale,Kennedale,Texas:
Section 1. Upon the basis of an engineering and traffic investigation heretofore made as
authorized by the provisions of the Texas Transportation Code, Chapter 545, Paragraph 545.356,
the following prima facie speed limits hereafter indicated for vehicles are hereby determined and
declared to be reasonable and safe; and such speed limits are hereby fixed at the rate of speed
indicated for vehicles traveling upon the named streets and highways, or parts thereof, described
as follows:
Control-Section: 0172-01
Highway: BU 287P
City: Kennedale County: Tarrant
Control Section: 0172-01
• MP 10.080 south 0.381 miles to MP 10.461,zoned at 45 MPH
Control Section: 0172-02
• MP 10.461 south 2.915 miles to MP 13.376, zoned at 45 MPH
Control Section: 0172-02
• School Zone: MP 11.541 south 0.184 miles to MP 11.725, zoned at "30 MPH when
flashing", "45 MPH all other times".
Section 2. Any person violating any of the provisions of this ordinance shall be deemed guilty of
a misdemeanor and upon conviction thereof shall be fined in any sum not more than five-hundred
($500.00)dollars.
This ordinance modifies previous ordinances pertaining to the above referenced highway.
PASSED AND APPROVED THIS I I DAY OF OCTOBER 2007.
APPROVED:
Mayor, Bryan Lankhorst
ATTEST:
Kathy Turner, City Secretary
Regular Items
Item - i
CITY OF KENNEDALE, TEXAS
OFFICE OF THE CITY SECRETARY
COUNCIL MEETING MINUTE SLIP
DATE: OCTOBER 11,2007
"r
REGULAR ITEMS:
ITEM NUMBER: IX-i
MOTION:
COUNCIL MEMBERS MOTION SECOND AYE NAY ABSTAIN/ABSENT
CLARK
JOHNSON
MILLER
GREEN
NOWELL
ORDINANCEIRESOLUTION NO. CARRIED
FAILED
FOLLOW UP:
CITY SECRETARY'S FOLLOW UP:
STAFF REPORT TO Cl TY COUNCIL
Date: October 2, 2007 Item: IX_i Subject: Case## PZ 07-04- Replat-320 Little School
Road
PZ 07-04
The applicant is requesting a replat of a newly created lot into two parcels. The zoning on
the property at present time is AG (Agricultural).
The plat conforms with the applicable City Ordinances.
At the September 201" Planning and Zoning Commission meeting, the Commission voted
unanimously to approve this replat.
This requires a public hearing and has been advertised.
Originated by Disposition by Council
Mark White
Director of Community Development