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2019_01.15 CC Packet KENNEDALE CITY COUNCIL AGENDA REGULAR MEETING | JANUARY 15, 2019 CITY HALL COUNCIL CHAMBERS, 405 MUNICIPAL DRIVE WORK SESSION at 5:30 PM | REGULAR SESSION at 7:00 PM I. CALL TO ORDER NOTE: Pursuant to §551.071, Texas Government Code, City Council reserves the right to adjourn into Executive Session at any time during the Work Session or the Regular Session to discuss posted Executive Session items or to seek legal advice from the City Attorney on any item posted on the agenda. II. WORK SESSION A. Interviews of candidates to potentially serve as alternate members on the Utility and Infrastructure Board B. Discussion of top ten streets in need of repair – Requested by Joplin/Gilley C. Continued discussion of potential amendments to the FY 2018-19 Budget – Requested by Joplin/Gilley D. Discuss and consider providing staff direction regarding the FY 2019-20 Budget – Requested by Joplin/Gilley E. Discussion of potential amendments to the Comprehensive Plan – Requested by Joplin/Gilley F. Discussion of Global Water Fathom utility billing G. Discussion regarding the status of the Charter Study Committee – Requested by Joplin/Rhodes H. Discussion of items on the Regular Agenda III. REGULAR SESSION IV. ROLL CALL V. INVOCATION VI. UNITED STATES PLEDGE AND TEXAS PLEDGE “Honor the Texas Flag; I Pledge Allegiance to Thee, Texas, One State under God; One and Indivisible." VII. VISITOR/CITIZENS FORUM At this time, any person with business before the City Council may address the Council, provided that an official ‘Speaker’s Request Form’ has been completed and submitted to the City Secretary prior to the start of the meeting. All comments must be directed towards the Mayor and Council as a whole, rather than individual Council members or staff. All speakers must limit their comments to the subject matter as listed on the ‘Speaker’s Request Form.’ No formal action or discussion can be taken on these items. VIII. REPORTS/ANNOUNCEMENTS In addition to specific matters listed below, the City Council may receive reports about items of community interest, including but not limited to recognition of individual officials, citizens, or departments, informati on regarding holiday schedules, and upcoming or attended events. A. Updates from the City Council B. Updates from the City Manager C. Updates from the Mayor  Recognition of outgoing board members IX. MONITORING INFORMATION A. Monthly Financials – December 2018 B. Schedule of Investment Activity for quarter ending September 30, 2018 X. INCIDENTAL ITEMS XI. REQUIRED APPROVAL ITEMS (CONSENT) All matters listed under Required Approval Items (Consent) have been previously discussed, require little or no deliberation, or are considered to be routine by the City Council. If discussion is desired, an item can be removed from the Consent Agenda and considered separately. A. Consider approval of the minutes from the December 6, 2018 Special Meeting B. Consider approval of the minutes from the December 11, 2018 Regular Meeting C. Consider Resolution 544 approving the low bid of $281,269.00 to Atkins Brothers Equipment Company, and the City's participation amount of $98,249.30, for the 44th year CDBG project for Danny Drive water line improvements D. Consider approval of Resolution 545 calling the General Election for May 4, 2019 E. Consider authorizing the Mayor to sign a one-year extension of an Interlocal Agreement with City of Fort Worth for rabies control services and the utilization of animal impoundment and quarantine facilities F. Consider approval of the low bid of $369,249.00 to PM Construction & Rehab, LLC, for Crestdale sewer line improvements G. Consider Resolution 546, approving of the sale of 229 S. New Hope to Maria Crespo for the amount of $4,000 H. Discuss and consider approving payment of property taxes on real property owned by the Kennedale Arts and Culture Foundation and authorizing City staff to execute all documents necessary to reinstate the Foundation’s right to transact business and pay filing costs related thereto XII. DECISION ITEMS A. Consider appointment of two Utility and Infrastructure Board alternate members pursuant to Ordinance 656 B. Discuss and consider a Resolution of Support for an application to the Texas Department of Housing and Community Affairs (TDHCA) 2019 Housing Credit Program by OM Housing, LLC to partially finance the mixed-use development of The Village at Hammack Creek, located at the northeast corner of East Kennedale Parkway and Kennedale Sublett Road XIII. EXECUTIVE SESSION The City Council may meet in Closed Session at any time during the Work Session or the Regular Session, pursuant to Section 551.071 of the Texas Government Code for consultation with the City Attorney pertaining to any matter in which the duty of the City Attorney under the Texas Disciplinary Rules of Professional Conduct may conflict with the Open Meetings Act, including discussion of any item posted on the agenda and legal issues regarding the Open Meetings Act. A. Discuss proposed contract to purchase potable water from the City of Arlington and contract to transfer the operation and maintenance of the Kennedale water and sewer systems to the City of Arlington B. Discuss pending legal matters regarding Ron Sturgeon vs. City of Kennedale Pursuant to Section 551.074 deliberation of the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee: C. Discussion of City Manager's Annual Evaluation XIV. RECONVENE INTO OPEN SESSION, AND TAKE ACTION NECESSARY PURSUANT TO EXECUTIVE SESSION, IF NEEDED XV. ADJOURNMENT In compliance with the Americans with Disabilities Act, the City of Kennedale will provide for reasonable accommodations for persons attending meetings. This facility is wheelchair accessible and accessible parking spaces are available. Requests for sign interpreter services must be made forty-eight (48) hours prior to the meeting. Please contact the City Secretary at 817-985-2104 or (TTY) 1-800-735-2989. CERTIFICATION I do hereby certify that a copy of the January 15, 2019 Kennedale City Council agenda was posted on the bulletin board next to the main entrance of City Hall (405 Municipal Drive; Kennedale, TX 76060), in a place convenient and readily accessible to the ge neral public at all times; and that said agenda was posted at least seventy-two (72) hours preceding the scheduled time of said meeting, in accordance with Chapter 551 of the Texas Government Code. ___________________________ LESLIE GALLOWAY, CITY SECRETARY STAFF REPORT TO THE HONORABLE MAYOR AND CITY COUNCIL Date: January 15, 2019 Agenda Item No: WORK SESSION - A. I. Subject: Interviews of candidates to potentially serve as alternate members on the Utility and Infrastructure Board II. Originated by: Leslie Galloway, City Secretary & Communications Coordinator III. Summary: At the Tuesday, December 11, 2018, meeting, the City Council adopted Ordinance 656, adding two alternate places to the Utility and Infrastructure Board. At this time, the Council may interview applicants for these positions as well as discuss potential appointments to these two newly-created alternate places on the board. UIB Membership PLACE1 Harry Browne PLACE 2 Kenneth Michels PLACE 3 Johnny Trevino, Vice Chair PLACE 4 Jeff Gregory PLACE 5 Tom Newsom PLACE 6 Idin Deljavan, Chair PLACE 7 Mark Perkins PLACE 8 VACANT, Alternate PLACE 9 VACANT, Alternate IV. Fiscal Impact Summary: V. Legal Impact: VI. Recommendation: VII. Alternative Actions: VIII. Attachments: 1.Massengill, Bo_CONFIDENTIAL Massengill, Bo_CONFIDENTIAL.pdf 2.Hicks, Heather_CONFIDENTIAL Hicks, Heather_CONFIDENTIAL.pdf 3.Cates, Amy_CONFIDENTIAL Cates, Amy_CONFIDENTIAL.pdf STAFF REPORT TO THE HONORABLE MAYOR AND CITY COUNCIL Date: January 15, 2019 Agenda Item No: WORK SESSION - B. I. Subject: Discussion of top ten streets in need of repair – Requested by Joplin/Gilley II. Originated by: Larry Hoover, Public Works Superintendent III. Summary: This item was added to the agenda at the request of the Council. In the attached presentation, the first slide lists streets in need of a complete rebuild, and was previously presented to Council at a Special Meeting on October 9, 2018. The second slide lists additional streets in need of heavy maintenance. IV. Fiscal Impact Summary: V. Legal Impact: VI. Recommendation: VII. Alternative Actions: VIII. Attachments: 1.20190115 Street Presentation_LG 20190115 Street Presentation_LG.pdf Project Name Matrix Score Reason for Not Being Considered TxDOT New Hope Road Culvert Replacement 56 Project is being considered for funding by Tax Note TxDOT EMP: Averett Road and Valley Lane 55 Project is being considered for funding by Tax Note Timberline Drive Sewer Improvements 50 Project is being cash funded out of the water fund Danny Drive Water Improvements (CDBG)50 Project is being cash funded out of the water fund Crestview Drive Sewer Improvements 50 Project is being cash funded out of the water fund Mistletoe Drive Sewer Improvements 50 Project is being cash funded out of the water fund Kennedale Safe Routes to School 50 Project is being considered for funding by Tax Note Danny Drive Pavement Improvements (by County)49 Roadway improvement project 3rd Street Drainage Improvements 48 Project is currently in construction Danny Drive Drainage Improvements 46 Roadway improvement project Industrial Dr. (Asphalt)46 Roadway improvement project Shady Creek (Concrete)45 Roadway improvement project Grapevine Tr. (Asphalt)45 Roadway improvement project Woodland Ct. (Concrete)45 Roadway improvement project Oakwood Ln. (Concrete)45 Roadway improvement project Peachtree Ct. (Concrete)45 Roadway improvement project Broadway (Asphalt)45 Roadway improvement project Gail Dr. (Asphalt)45 Roadway improvement project Mineral St. (Asphalt)44 Roadway improvement project Cloverlane Drive 42 Roadway improvement project Peggy Ln 42 Roadway improvement project STREET NAME LENGTH (ft) TYPE REPAIR TYPE BATCHELOR 475 GRAVEL BASE STABILIZATION AND PAVEMENT CENTURY DR. 765 OTHER BASE STABILIZATION AND PAVEMENT COLLETT SUBLETT RD. 1300 OIL & CHIP PATCHING, CRACK SEAL, AND OVERLAY NEW HOPE RD. 630 OIL & CHIP PATCHING, CRACK SEAL, AND OVERLAY NORTH RD. 2940 OIL & CHIP PATCHING, CRACK SEAL, AND OVERLAY TOWER 1740 CONCRETE PATCHING AND CRACK SEAL HIGH RIDGE RD. 970 OIL & CHIP PATCHING, CRACK SEAL, AND OVERLAY KENNEDALE ST. 1040 OIL & CHIP PATCHING, CRACK SEAL, AND OVERLAY PINE MEADOWS DR. 1340 CONCRETE PATCHING AND CRACK SEAL SHORT ST. 180 OIL & CHIP PATCHING, CRACK SEAL, AND OVERLAY The Top Ten list was requested, but there are, in fact, currently 12 total streets rated ‘Poor’. The two additional streets are Spring Branch Lane (concrete) and Swiney Hiett Road (asphalt), which are both also in need of heavy maintenance. STAFF REPORT TO THE HONORABLE MAYOR AND CITY COUNCIL Date: January 15, 2019 Agenda Item No: WORK SESSION - C. I. Subject: Continued discussion of potential amendments to the FY 2018-19 Budget – Requested by Joplin/Gilley II. Originated by: III. Summary: This item was added to the agenda at the request of the City Council. IV. Fiscal Impact Summary: V. Legal Impact: VI. Recommendation: VII. Alternative Actions: VIII. Attachments: STAFF REPORT TO THE HONORABLE MAYOR AND CITY COUNCIL Date: January 15, 2019 Agenda Item No: WORK SESSION - D. I. Subject: Discuss and consider providing staff direction regarding the FY 2019-20 Budget – Requested by Joplin/Gilley II. Originated by: III. Summary: IV. Fiscal Impact Summary: V. Legal Impact: VI. Recommendation: VII. Alternative Actions: VIII. Attachments: STAFF REPORT TO THE HONORABLE MAYOR AND CITY COUNCIL Date: January 15, 2019 Agenda Item No: WORK SESSION - E. I. Subject: Discussion of potential amendments to the Comprehensive Plan – Requested by Joplin/Gilley II. Originated by: III. Summary: This item was added to the agenda at the request of the City Council. IV. Fiscal Impact Summary: V. Legal Impact: VI. Recommendation: VII. Alternative Actions: VIII. Attachments: STAFF REPORT TO THE HONORABLE MAYOR AND CITY COUNCIL Date: January 15, 2019 Agenda Item No: WORK SESSION - F. I. Subject: Discussion of Global Water Fathom utility billing II. Originated by: Brady Olsen, Finance Director III. Summary: Staff will provide a report to the Council regarding this item either at or before the meeting. IV. Fiscal Impact Summary: V. Legal Impact: VI. Recommendation: VII. Alternative Actions: VIII. Attachments: STAFF REPORT TO THE HONORABLE MAYOR AND CITY COUNCIL Date: January 15, 2019 Agenda Item No: WORK SESSION - G. I. Subject: Discussion regarding the status of the Charter Study Committee – Requested by Joplin/Rhodes II. Originated by: III. Summary: This item was added to the agenda at the request of the Council. IV. Fiscal Impact Summary: V. Legal Impact: VI. Recommendation: VII. Alternative Actions: VIII. Attachments: 1.2019.01.03 Debt Issuance Presentation (by SAMCO) to Charter Committee 2019.01.03 Debt Issuance Presentation (by SAMCO) to Charter Committee.pdf CITY OF KENNEDALE, TEXASCity Charter Committee Discussion onTypes of Municipal DebtJANUARY 3, 2019 2General Obligation Bonds•Authorized by a successful bond election or multiple bond elections for multiple projects•If voters turn down a bond election the City is prohibited from issuing COs for the same project for 2 years•Secured by ad valorem tax levy, but can be paid from other sources as well•Typically used for general improvements in the City (street improvements, municipal facilities, rolling stock,etc.)•NOT typically used to fund enterprise fund improvements (i.e. utility system improvements)•Bond Elections alone carry an added cost (renting election machines, legal fees for drafting electionordinance, etc.) typically around $15,000‐$30,000 regardless of election successTypes of Municipal Debt 3Revenue Bonds•No election required•Ad valorem taxes are not allowed in repayment of the Bonds•Often carry a higher cost of borrowing due to weaker security of the bonds (utility system revenues versusad valorem taxes)•Stricter bond covenants that can make revenue bonds much more difficult to issue requiring higher utilityrates as a result.•A typical covenant would require prior year’s netrevenues of 1.25X the average debt service of allutility system debt outstanding (including the issuance of the Bonds)•Debt Service Reserve Fund must be created and funded over the course of 60 months in an amountequal to the average annual debt service of the revenue bondsTypes of Municipal Debt 4Certificates of Obligation•No election required, but voters retain the right of referendum•City Council must adopt a Notice of Intent Resolutionand publish the notice in its paper of record for twoconsecutive weeks, so citizens are aware of the upcoming financing•Subject to petition by the registered voters of the City•If a petition is submitted with 5% of the qualified voters contesting the issuance of the COs then theissuance of COs is paused until a bond election can becalled and held. Only after a successful electioncould the COs be sold•Sale can only proceed once 30 days has elapsed since thepublication of the Notice and no valid petition hasbeen filed with the City•Ad valorem taxes and utility system revenues may be pledged in repayment of the Obligations depending onwhich fund supports the project•Allows the City to finance multiple projects with multiple sources of repayment together to createeconomies of scale and reduce issuance costsTypes of Municipal Debt 5Tax Notes•No election required•Not subject to referendum by the citizens•Maximum maturity of 7 years•Used primarily for financing assets with a shorter useful life•Quickest process to issue debt and have the funds deposited into the City’s accounts•Typically a cheaper borrowing alternative to Lease Purchase AgreementsTypes of Municipal Debt 6Pros and Cons of Requiring a Bond Election for All Debt IssuancesPros:•Voters have a direct say in each financing the City is consideringCons:•Costly for the City to hold bond elections for potential projects (especially for smaller projects)•Projects turned down at a bond election cannot be funded for two years•Long lead time to fund projectsTypes of Municipal Debt 7Pros and Cons of Certificates of ObligationPros:•Less costly than issuing general obligation bonds (no election cost)•Cheaper than issuing revenue bonds and less restrictive bond covenants•Quicker process than having a bond election and issuing GO Bonds•Fund multiple projects at one‐time•i.e. can fund general fund projects and utility system projects together rather than issue two separatebonds and incurring twice the costCons:•Less input from the voters•Voters are made aware of the City’s intention to sell debt and retain the right of referendum•Very low threshold (5% of qualified voters) to stop a CO issuance•Potential public perception that you are circumventing the voters•Elected officials are tasked with directing the City based upon their insight of the various issues facingthe cityTypes of Municipal Debt STAFF REPORT TO THE HONORABLE MAYOR AND CITY COUNCIL Date: January 15, 2019 Agenda Item No: WORK SESSION - H. I. Subject: Discussion of items on the Regular Agenda II. Originated by: III. Summary: At this time, the Council may choose to discuss any item on the agenda. IV. Fiscal Impact Summary: V. Legal Impact: VI. Recommendation: VII. Alternative Actions: VIII. Attachments: STAFF REPORT TO THE HONORABLE MAYOR AND CITY COUNCIL Date: January 15, 2019 Agenda Item No: REPORTS/ANNOUNCEMENTS - A. I. Subject: Updates from the City Council II. Originated by: III. Summary: Updates and information from Council members, if any. IV. Fiscal Impact Summary: V. Legal Impact: VI. Recommendation: VII. Alternative Actions: VIII. Attachments: STAFF REPORT TO THE HONORABLE MAYOR AND CITY COUNCIL Date: January 15, 2019 Agenda Item No: REPORTS/ANNOUNCEMENTS - B. I. Subject: Updates from the City Manager II. Originated by: Leslie Galloway, City Secretary & Communications Coordinator III. Summary: Updates and information from City Manager George Campbell, if any. IV. Fiscal Impact Summary: V. Legal Impact: VI. Recommendation: VII. Alternative Actions: VIII. Attachments: STAFF REPORT TO THE HONORABLE MAYOR AND CITY COUNCIL Date: January 15, 2019 Agenda Item No: REPORTS/ANNOUNCEMENTS - C. I. Subject: Updates from the Mayor Recognition of outgoing board members II. Originated by: Leslie Galloway, City Secretary & Communications Coordinator III. Summary: Updates and information from Mayor Brian Johnson, if any. IV. Fiscal Impact Summary: V. Legal Impact: VI. Recommendation: VII. Alternative Actions: VIII. Attachments: STAFF REPORT TO THE HONORABLE MAYOR AND CITY COUNCIL Date: January 15, 2019 Agenda Item No: MONITORING INFORMATION - A. I. Subject: Monthly Financials – December 2018 II. Originated by: Brady Olsen, Finance Director III. Summary: IV. Fiscal Impact Summary: V. Legal Impact: VI. Recommendation: VII. Alternative Actions: VIII. Attachments: 1.Sales Tax Update-DECEMBER 2018 Sales Tax Update-DECEMBER 2018.pdf 2.2018_12 Monthly Financials 2018_12 Monthly Financials.pdf Year October November December January February March April May June July August September Total FY2019 93,144$ 116,039$ 118,085$ 327,267$ FY2018 103,820$ 114,506$ 86,956$ 95,425$ 163,502$ 95,017$ 123,760$ 129,363$ 108,885$ 123,268$ 118,770$ 89,090$ 1,352,361$ FY2017 88,748$ 116,156$ 81,855$ 88,956$ 105,794$ 78,644$ 87,130$ 100,121$ 80,241$ 100,943$ 49,590$ 86,549$ 1,064,725$ FY2016 93,137$ 119,137$ 97,985$ 75,878$ 116,006$ 87,589$ 79,516$ 114,543$ 83,718$ 84,586$ 87,693$ 91,377$ 1,131,165$ FY2015 71,955$ 94,438$ 82,545$ 73,782$ 107,571$ 72,312$ 81,193$ 119,350$ 128,463$ 165,756$ 146,297$ 177,697$ 1,321,359$ FY2014 65,971$ 89,600$ 94,982$ 67,373$ 97,781$ 69,685$ 79,236$ 93,957$ 77,496$ 71,927$ 86,597$ 67,978$ 962,584$ FY2013 100,850$ 93,890$ 70,338$ 60,406$ 90,009$ 62,374$ 60,955$ 96,061$ 63,409$ 67,304$ 83,919$ 78,075$ 927,591$ *Net payment after correcting an audit error.-$ Industry Amount % Change Adjusted ChangYTD FYTD Manufacturing $25,067.18 628.01%-31.03%$253,565.63 $66,205.70 Retail $23,373.46 -1.04%6.75%$284,517.58 $70,540.05 General Services $20,927.24 18.88%13.22%$307,536.78 $79,787.92 Professional Services $18,982.70 15.18%12.40%$197,618.78 $54,927.67 Wholesale $18,878.99 7.37%138.27%$219,677.88 $50,515.42 Food $9,254.58 23.85%-2.56%$103,036.52 $24,928.76 Agricultural $1,930.30 344.40%0.00%$6,096.66 ($23,222.09) Miscellaneous $1,072.86 -72.51%-2.00%$10,875.11 $5,665.93 Accommodation $0.00 0.00%0.00%$0.00 $0.00 Sales Tax By Month 0 20,000 40,000 60,000 80,000 100,000 120,000 140,000 October November December January February March April May June July August September Sales Tax vs Expectation FY 2019 Five Year Average CITY OF KENNEDALE ANNUAL PROGRAM OF SERVICES December 2018 "YOU'RE HERE. YOUR HOME." FY17-18 FY17-18 FY18-19 CURRENT FY18-19 % OF PY ACTUAL % OF CY BUDGET BUDGET REVENUES YTD ACTUAL*EST ADOPTED MONTH YTD EARNED EARNED REMAINING GENERAL FUND 2,805,685$ 6,364,833$ 6,406,759$ 2,176,678$ 3,001,271$ 44.1%46.8%3,405,488$ OTHER GENERAL FUNDS 142,415$ 998,892$ 941,983$ 114,552$ 145,316$ 14.3%15.4%796,667$ GENERAL FUND 2,948,100$ 7,363,725$ 7,348,742$ 2,291,230$ 3,146,587$ 40.0%42.8%4,202,155$ -$ GENERAL DEBT SERVICE FUND 879,900$ 1,561,277$ 1,518,995$ 712,320$ 864,808$ 56.4%56.9%654,187$ -$ WATER/SEWER FUND 1,079,206$ 5,007,743$ 4,010,901$ 277,647$ 962,922$ 21.6%24.0%3,047,979$ STORMWATER UTILITY FUND 65,212$ 264,150$ 254,950$ 22,079$ 66,702$ 24.7%26.2%188,248$ WATER IMPACT FUND 22,978$ 165,170$ 120,450$ -$ 17,185$ 13.9%14.3%103,265$ SEWER IMPACT FUND 12,340$ 93,162$ 32,664$ -$ 10,007$ 13.2%30.6%22,657$ WATER/SEWER FUND 1,179,736$ 5,530,225$ 4,418,965$ 299,726$ 1,056,815$ 21.3%23.9%3,362,150$ -$ EDC4B FUND 397,819$ 919,542$ 629,752$ 61,376$ 172,406$ 43.3%27.4%457,346$ -$ CAPITAL FUND 30,505$ 173,755$ 172,535$ 196$ 15,306$ 17.6%8.9%157,229$ -$ SPECIAL REVENUE FUND 0$ 51,332$ 127,497$ -$ 0$ 0.0%0.0%127,497$ TOTAL REVENUES 5,436,060$ 15,599,856$ 14,216,486$ 3,364,847$ 5,255,923$ 34.8%37.0%8,960,563$ FY17-18 FY17-18 FY18-19 CURRENT FY18-19 % OF PY BUDGET % OF CY BUDGET BUDGET EXPENDITURES YTD ACTUAL*EST ADOPTED MONTH YTD EXPENSED EXPENSED REMAINING GENERAL FUND 1,469,345$ 6,227,160$ 7,028,284$ 461,586$ 1,596,021$ 23.6%22.7%5,432,263$ OTHER GENERAL FUND 168,000$ 956,249$ 1,197,369$ 55,152$ 186,644$ 17.6%15.6%1,010,725$ GENERAL FUND 1,637,345$ 7,183,409$ 8,225,653$ 516,738$ 1,782,665$ 22.8%21.7%6,442,988$ GENERAL DEBT SERVICE FUND 33,794$ 1,420,004$ 1,511,744$ -$ 32,413$ 2.4%2.1%1,479,331$ -$ WATER/SEWER FUND 780,896$ 4,112,494$ 4,659,521$ 382,379$ 588,692$ 19.0%12.6%4,070,829$ STORMWATER UTILITY FUND 65,603$ 199,561$ 139,764$ 15,655$ 22,257$ 32.9% WATER IMPACT FUND -$ 153,573$ 152,525$ -$ $ - SEWER IMPACT FUND -$ 60,000$ 60,000$ -$ $ - WATER/SEWER FUND 846,498$ 4,525,628$ 5,011,810$ 398,034$ 610,949$ 18.7%12.2%4,400,861$ -$ EDC4B FUND 141,920$ 852,344$ 539,912$ 15,822$ 70,215$ 16.7%13.0%469,697$ -$ CAPITAL FUND 5,073$ 186,536$ 130,170$ -$ -$ 2.7%0.0%130,170$ -$ SPECIAL REVENUE FUND -$ 26,919$ 11,767$ -$ -$ 0.0%0.0%11,767$ 0 TOTAL EXPENDITURES 2,664,630$ 14,194,840$ 15,431,056$ 930,594$ 2,496,242$ 18.8%16.2%12,934,814$ REVENUE SUMMARY BY FUND EXPENDITURE SUMMARY BY FUND CITY OF KENNEDALE ANNUAL PROGRAM OF SERVICES December 2018 "YOU'RE HERE. YOUR HOME." FY17-18 FY17-18 FY18-19 CURRENT FY18-19 % OF PY ACTUAL % OF CY BUDGET BUDGET GENERAL FUND YTD ACTUAL*EST ADOPTED MONTH YTD EXPENSED EXPENSED REMAINING CITY MANAGER 73,057$ 352,054$ 365,464$ 30,239$ 78,315$ 20.8%21.4%287,149$ MAYOR/CITY COUNCIL 31,163$ 164,586$ 127,323$ 29,636$ 52,972$ 18.9%41.6%74,351$ CITY SECRETARY 21,061$ 127,514$ 164,073$ 8,168$ 26,418$ 16.5%16.1%137,655$ MUNICIPAL COURT 31,213$ 87,773$ 108,148$ 7,022$ 19,989$ 35.6%18.5%88,159$ HUMAN RESOURCES 534,270$ 163,716$ 104,909$ 161,177$ 610,520$ 326.3%582.0%(505,611)$ FINANCE 404,051$ 333,079$ 358,365$ 127,044$ 354,273$ 121.3%98.9%4,092$ POLICE 44,687$ 2,205,638$ 2,686,196$ 32,386$ 85,470$ 2.0%3.2%2,600,726$ FIRE 11,787$ 1,712,530$ 1,907,680$ 4,798$ 9,585$ 0.7%0.5%1,898,095$ COMMUNITY DEVELOPMENT 62,360$ 328,430$ 372,090$ 31,337$ 90,495$ 19.0%24.3%281,595$ SENIOR CITIZEN CENTER 27,701$ 49,752$ 54,028$ 10,302$ 41,208$ 55.7%76.3%12,820$ LIBRARY 52,472$ 300,995$ 268,259$ 17,022$ 53,783$ 17.4%20.0%214,476$ NONDEPARTMENTAL 175,524$ 400,969$ 511,749$ 2,455$ 172,993$ 43.8%33.8%338,756$ TOTAL EXPENDITURES 1,469,345$ 6,227,036$ 7,028,284$ 461,586$ 1,596,021$ 23.6%22.7%5,432,263$ FY17-18 FY17-18 FY18-19 CURRENT FY18-19 % OF PY BUDGET % OF CY BUDGET BUDGET WATER/SEWER FUND YTD ACTUAL*EST ADOPTED MONTH YTD EXPENSED EXPENSED REMAINING UTILITY BILLING 68,142$ 1,411,379$ 1,293,973$ 160,359$ 182,907$ 4.8%14.1%1,111,066$ WATER OPERATIONS 370,476$ 1,501,598$ 1,576,197$ 67,137$ 205,022$ 24.7%13.0%1,371,175$ DEBT 152,813$ 541,586$ 509,680$ 152,813$ 152,813$ 28.2% W&S CAPITAL -$ 16,920$ 654,796$ -$ -$ 0.0%654,796$ NONDEPARTMENTAL 189,465$ 641,010$ 624,875$ 2,070$ 47,951$ 29.6%7.7%576,924$ TOTAL EXPENDITURES 780,896$ 4,112,493$ 4,659,521$ 382,379$ 588,692$ 19.0%12.6%4,070,829$ FY17-18 FY17-18 FY18-19 CURRENT FY18-19 % OF PY BUDGET % OF CY BUDGET BUDGET STREET IMPROVEMENT FUND YTD ACTUAL*EST ADOPTED MONTH YTD EXPENSED EXPENSED REMAINING STREETS 130,513$ 622,272$ 740,910$ 43,530$ 123,523$ 21.0%16.7%617,387$ PARKS MAINTENANCE 17,698$ 80,379$ 125,920$ 10,546$ 15,139$ 22.0%12.0%110,781$ CAPITAL -$ 60,555$ 79,058$ $ $ - TOTAL EXPENDITURES 148,211$ 763,206$ 945,888$ 54,076$ 138,662$ 19.4%14.7%807,226$ FY17-18 FY17-18 FY18-19 CURRENT FY18-19 % OF PY BUDGET % OF CY BUDGET BUDGET EDC4B FUNDS YTD ACTUAL*EST ADOPTED MONTH YTD EXPENSED EXPENSED REMAINING ADMINISTRATION 31,824$ 136,556$ 168,360$ $ $ - 23.3% DEBT SERVICE 75,471$ 339,552$ 320,432$ 9,926$ 40,210$ 22.2% TOWN SHOPPING CENTER 34,626$ 168,331$ 51,120$ 5,896$ 30,005$ 20.6% TOWNCENTER REDEVELOPMENT -$ 177,712$ $ - $ $ - TOTAL EXPENDITURES 141,920$ 822,151$ 539,912$ 15,822$ 70,215$ 17.3%13.0%469,697$ EXPENDITURE SUMMARY BY DEPARTMENT STAFF REPORT TO THE HONORABLE MAYOR AND CITY COUNCIL Date: January 15, 2019 Agenda Item No: MONITORING INFORMATION - B. I. Subject: Schedule of Investment Activity for quarter ending September 30, 2018 II. Originated by: Brady Olsen, Finance Director III. Summary: This investment report for the final quarter of FY2017-18 is attached for the City Council’s review, in accordance with the Public Funds Investment Act (PFIA). IV. Fiscal Impact Summary: V. Legal Impact: VI. Recommendation: Approve VII. Alternative Actions: VIII. Attachments: 1.September 30 2018 Qtrly Investment Report September 30 2018 Qtrly Investment Report.pdf City of Kennedale, Texas SCHEDULE OF INVESTMENT ACTIVITY For The Quarter Ending September 30, 2018 SUMMARY OF INVESTMENTS FOR THE QUARTER INVESTMENT STRATEGIES INVESTMENT PORTFOLIO ALLOWABLE BREAKDOWN MONTHLY BALANCES- INVESTMENTS Investment Pool Account Name Interest Rate July 2018 August 2018 September 2018 Interest Earned Texas Daily Consolidated Cash 0.50%32,113.34$ 32,617.70$ 32,221.49$ 161.39$ TexStar Consolidated Cash 0.49%334,362.07 334,908.01 335,458.31 1,633.90 TexPool $2.0M CO Bond 0.49%30,095.88 30,144.97 30,194.41 146.76 TexPool Central Deposit 0.48%5,452,815.26 5,339,049.19 5,466,703.63 26,303.30 TOTAL INVESTMENT POOLS 5,849,386.55$ 5,736,719.87$ 5,864,577.84$ 28,245.35$ MONTHLY BALANCES- WELLSFARGO Bank Account Name Interest Rate July 2018 August 2018 September 2018 Interest Earned Wellsfargo Consolidated Cash N/A 416,794.81$ 440,953.54$ 266,094.78$ Wellsfargo Payroll Clearing 0.04%-0.05%0.55 37,059.68 38,710.32 3.51 Wellsfargo Section 125 Flex 0.04%-0.05%- - 1,590.39 Wellsfargo Dick Price Rd 0.005%- - - Wellsfargo Health Reimbursement 0.00%1,133.00 1,133.00 1,133.00 Wellsfargo Employee Health Benefit Trust 0.00%0.32 0.35 1.49 2.16 TOTAL WELLSFARGO 417,928.68$ 479,146.57$ 307,529.98$ 5.67$ TOTAL MONTHLY BALANCES- ALL 6,267,315.23$ 6,215,866.44$ 6,172,107.82$ 28,251.02$ TRANSACTION ACTIVITY- INVESTMENTS Balance Balance Investment Pool Account Name 6/30/2018 Deposits Withdrawls Interest 9/30/2018 Texas Daily Consolidated Cash 32,060.10$ -$ -$ 161.39$ 32,221.49$ TexStar Consolidated Cash 333,824.41 - - 1,633.90 335,458.31 TexPool $2.0M CO Bond 30,047.65 - - 146.76 30,194.41 TexPool Central Deposit 5,181,642.87 558,757.46 (300,000.00) 26,303.30 5,466,703.63 TOTAL INVESTMENT POOLS 5,577,575.03$ 558,757.46$ (300,000.00)$ 28,245.35$ 5,864,577.84$ TRANSACTION ACTIVITY- WELLSFARGO Balance Balance Bank Account Name 6/30/2018 Deposits Withdrawls Interest 9/30/2018 Wellsfargo Consolidated Cash 753,446.53$ 2,463,682.24$ (2,951,033.99)$ -$ 266,094.78$ Wellsfargo Payroll Clearing 82.75 1,022,868.20 (984,240.63) 3.51 38,710.32 Wellsfargo Section 125 Flex 0.00 3,564.54 (1,974.15) - 1,590.39 Wellsfargo Health Reimbursement 1,133.00 3,399.00 (3,399.00) - 1,133.00 Wellsfargo Employee Health Benefit Trust 0.47 180,976.41 (180,975.39) 2.16 1.49 TOTAL WELLSFARGO 1,815,446.12$ 3,674,490.39$ (4,121,623.16)$ 5.67$ 307,529.98$ The City's main objectives in managing the portfolio are as follows:suitability,preservation &safety of principal,liquidity,marketability,diversification,and yield. Certificates of Deposit (50%),Investment Pools (100%)*,Money Market Mutual Funds (100%)*,Repurchase Agreements (50%)*,Government Obligations (25%),US Treasury &US Agency Callables (25%),US Government Agencies &Instrumentalities (100%),and US Treasury Notes/Bills (100%) *(no more than 50% in any individual pool, fund, or repurchase agreement) CITY OF KENNEDALE, TEXAS INVESTMENT REPORT FOR QUARTER ENDING SEPTEMBER 30, 2018 The Quarterly Investment Report provides the City's investment portfolio position as of the report period indicated above.Fund of the City are invested in accordance with the City of Kennedale Investment Policy as originally adopted on September 13, 2001 and subsequently reviewed in June of 2018 98.9%of the City of Kennedale's investments are owned by the Pooled Cash Fund.The remaining .1.1%goes to the $2.0M 2010 CO Bond Fund,$1.7M TX Leverage Fund,and Clearing Funds.As of the reporting quarter,95.03%of the City's investments are in investment pools,and 4.97%are invested in money market savings accounts. CASH BREAKDOWN BY FUND July 2018 August 2018 September 2018 01- General Fund $2,424,625.73 $2,059,285.46 $1,596,512.90 02- Debt Service Fund -$46,088.80 -$44,766.92 $124,241.78 04- Capital Project Fund $74,624.81 $81,617.40 -$1,308.78 05- Capital Replacement Fund $339,784.00 $324,050.78 $397,006.37 07- Storm Drainage Utility Fund $112,176.36 $134,938.25 $21,883.43 10- Water/Sewer Fund $1,636,731.00 $1,902,576.16 $2,248,385.33 12- Court Security Fund $16,871.06 $17,183.32 $17,553.90 14- Park Dedication Fund $237,584.01 $237,777.32 $158,091.57 15- Economic Development Fund $114,278.30 $160,036.77 $118,295.21 16- Court Technology Fund $6,164.52 $6,559.51 $7,032.20 17- Streets Improvement Fund $285,644.27 $238,285.48 $457,763.97 18- Juvenile Case Manager Fund $15,560.25 $14,715.84 $14,472.09 21- TIF #1 New Hope Fund -$7,395.52 -$7,395.52 $19,693.91 32- Library Building Fund $4,166.57 $504.63 -$41.95 34- LEOSE Fund $1,746.17 $1,746.37 $1,746.57 41- Park Rec/Other Donation Fund $18,887.86 $18,608.83 $18,611.15 45- Roadway Impact Fee Fund $249,277.53 $254,831.64 $257,068.04 61- Water Impact Fee Fund $262,576.75 $269,189.64 $129,193.32 62- Sewer Impact Fee Fund $165,754.29 $169,935.40 $119,789.06 83- Tree Reforestation Fund $68,767.67 $68,858.31 $68,949.23 85- Unclaimed Property Fund $1,990.24 $1,990.24 $1,990.24 95- EDC Reserve Fund $121,678.10 $121,838.48 $121,999.34 TOTAL ALL FUNDS 6,105,405.17$ 6,032,367.39$ 5,898,928.88$ - 50,000.00 100,000.00 150,000.00 200,000.00 250,000.00 300,000.00 350,000.00 Other Accounts $2.0M CO Bond Payroll Clearing Texas Daily TexStar - 1,000,000.00 2,000,000.00 3,000,000.00 4,000,000.00 5,000,000.00 6,000,000.00 Main Accounts Central Deposit Wellsfargo - 200.00 400.00 600.00 800.00 1,000.00 1,200.00 1,400.00 1,600.00 Holding Accounts Section 125 Flex Employee Health Benefit Trust 0.52% 5.44% 89.08% 4.97% Distribution of Money Texas Daily TexStar TexPool Wellsfargo STAFF REPORT TO THE HONORABLE MAYOR AND CITY COUNCIL Date: January 15, 2019 Agenda Item No: REQUIRED APPROVAL ITEMS (CONSENT) - A. I. Subject: Consider approval of the minutes from the December 6, 2018 Special Meeting II. Originated by: Kathryn Roberson, Deputy City Secretary III. Summary: Please see the attached minutes for your approval. IV. Fiscal Impact Summary: V. Legal Impact: VI. Recommendation: VII. Alternative Actions: VIII. Attachments: 1.2018_12.06_Minutes_City Council Special Meeting_DRAFT 2018_12.06_Minutes_City Council Special Meeting_DRAFT.pdf Page 1 of 2 CITY COUNCIL MINUTES | DECEMBER 6, 2018 KENNEDALE CITY COUNCIL MINUTES SPECIAL MEETING | DECEMBER 6, 2018 at 5:30 PM CITY HALL COUNCIL CHAMBERS, 405 MUNICIPAL DRIVE I. CALL TO ORDER Mayor Pro Tem Sandra Lee called the meeting to order at 5:34 p.m. and immediately convened into Executive Session. II. EXECUTIVE SESSION Mayor Pro Tem Sandra Lee reconvened into Open Session at 6:11 p.m. III. ROLL CALL Present: Mayor Johnson (arrived at 6:11 p.m.); Mayor Pro Tem Lee, Place 3; Rockie Gilley, Place 1; Chris Pugh, Place 2; Linda Rhodes, Place 4; Jan Joplin, Place 5. Absent: NONE. Staff: City Manager George Campbell, Deputy City Secretary Kathryn Roberson, Finance Director Brady Olsen, Public Works Superintendent Larry Hoover, Backflow/CS Inspector Dennis Brown, City Attorney Wayne Olson. IV. DECISION ITEMS A. Hold a Public Hearing on contract to purchase potable water from City of Arlington and contract to transfer the operation and maintenance of the Kennedale water and sewer systems to the City of Arlington 1. Staff Presentation Finance Director Brady Olsen presented details of the ongoing negotiations, noting that communication with the City of Arlington continued to be open and honest and negotiations had been successful. He outlined the projected implementation timeline, services included in the contract, and the expected operational, staff, and citizen impact. He then presented details of current contracts with the City of Fort Worth, Fathom, and Waste Connections. 2. Public Hearing John Hivale, 418 Coker Valley Drive, spoke in support based upon the assessment of the delivery/Kennedale water situation and how the agreement benefits the City. Jeff Nevarez, 338 Spring Branch Lane, spoke in support, and expressed his desire to see the Fathom contract cancelled due to ongoing billing issues. Mark Babina, 1056 Falcon Crest Drive, spoke in support of the proposed contract. Robert Mundy, 712 Shady Creek Drive, spoke in support of the proposed contract, stating that it would be a turning point for Kennedale and that he encouraged Councilmembers to think about the potential long-term gains associated with the negotiations. Kayla Hughes, 1208 Hunters Haven Drive, registered in support of any measures that improve Kennedale water quality, pressure, and rates. Susan Ryan, 1048 Falcon Nest Drive, registered in support of both contracts. Marsha Mellott, 1161 Falcon Ridge Drive, registered in support of both contracts. Ann Fontenot, 1043 Fox Wood Drive, registered in support of an agreement with Arlington, expressing a preference for better water quality at a lower price. DRAFT UNTIL APPROVED BY COUNCIL Page 2 of 2 CITY COUNCIL MINUTES | DECEMBER 6, 2018 3. Staff Response and Summary City Manager George Campbell recommended postponing items IV.B., IV.C., and IV.F. Motion To Postpone items IV.B., IV.C., and IV.F. until the January 15, 2019 regular council meeting. Action Postpone, Moved By Pugh, Seconded By Gilley. Motion passed Unanimously. B. Consider authorizing the City Manager to enter into a contract to purchase potable water from City of Arlington This item was postponed until the January 15, 2019 Regular Meeting of the City Council. C. Consider authorizing the City Manager to enter into a contract to transfer the operation and maintenance of the Kennedale water and sewer systems to the City of Arlington This item was postponed until the January 15, 2019 Regular Meeting of the City Council. D. Consider approval of a Memorandum of Understanding with the City of Fort Worth regarding transmission rights and impact fees City Manager George Campbell presented details of the Memorandum of Understanding with the City of Fort Worth and recommended Council approval. Motion To Approve a Memorandum of Understanding with the City of Fort Worth regarding transmission rights and impact fees. Action Approve, Moved By Gilley, Seconded By Pugh. Motion passed Unanimously. E. Consider authorizing the City Manager to enter into negotiations regarding the status of the contract with Global Water Fathom Motion To Approve authorizing the City Manager to enter into negotiations regarding the status of the contract with Global Water Fathom. Action Approve, Moved By Pugh, Seconded By Rhodes. Motion passed Unanimously. F. Consider adoption of Ordinance 657 amending the water and sewer rate structure This item was postponed until the January 15, 2019 Regular Meeting of the City Council. V. ADJOURNMENT Motion To Adjourn. Action Adjourn, Moved By Johnson, Seconded By Joplin. Motion passed Unanimously. Mayor Johnson adjourned the meeting at 7:04 p.m. APPROVED: ATTEST: BRIAN JOHNSON, MAYOR LESLIE GALLOWAY, CITY SECRETARY DRAFT UNTIL APPROVED BY COUNCIL STAFF REPORT TO THE HONORABLE MAYOR AND CITY COUNCIL Date: January 15, 2019 Agenda Item No: REQUIRED APPROVAL ITEMS (CONSENT) - B. I. Subject: Consider approval of the minutes from the December 11, 2018 Regular Meeting II. Originated by: Leslie Galloway, City Secretary & Communications Coordinator III. Summary: Please see the attached minutes for your approval. IV. Fiscal Impact Summary: V. Legal Impact: VI. Recommendation: VII. Alternative Actions: VIII. Attachments: 1.2018_12.11_Minutes_City Council Regular Meeting_DRAFT 2018_12.11_Minutes_City Council Regular Meeting_DRAFT.pdf Page 1 of 8 CITY COUNCIL MINUTES | DECEMBER 11, 2018 KENNEDALE CITY COUNCIL MINUTES REGULAR MEETING | DECEMBER 11, 2018 CITY HALL COUNCIL CHAMBERS, 405 MUNICIPAL DRIVE WORK SESSION at 5:30 PM | REGULAR SESSION at 7:00 PM I. CALL TO ORDER Mayor Brian Johnson called the meeting to order at 5:32 p.m. II. WORK SESSION A. Continued discussion of potential amendments to the FY 2018-19 budget There was no discussion at this time. Council requested that this item be moved forward to the January 15, 2019 Regular Meeting. B. Winding Creek Erosion Study Presentation and discussion of other drainage/erosion issues Public Works Superintendent Larry Hoover introduced Ben Pylant Director of Water Resources at Halff Associates who presented an overview of a study of the Erosion and Drainage of Winding Creek (from Bowman Springs Road to Kennedale Sublett Road) that was finalized in December 2017. Both were available to answer Council’s questions regarding this study that aimed to prioritize erosion issues, develop options, and inform future planning and budget efforts. Stabilization suggestions included gabions and rock rip rap, at a total cost of roughly $3.5 million among the 16 prioritized sites. There was discussion among the City Council of the possible causes of this erosion and the need to prioritize the mitigation. Finance Director Brady Olsen stated his recommendation to increase the Stormwater Drainage Fee to fund the project. Public Works Superintendent Larry Hoover stated that during his 17 years on staff, he had advocated for the funding of stormwater projects, including originating the stormwater fee for purposes such as this. Resident Glen Massengill, 628 Briar Court, who spoke at the previous month’s Visitor/ Citizens Forum, stated his concerns regarding the erosion and shared photos. Craig Barnes of Shield Engineering Group presented an overview of erosion issues and means of repair on Valley Lane and Danny Drive and was available to answer Council’s questions regarding these subjects. Barnes stated that additional pavement failures have occurred on Valley Lane and that the repair cost will require engineering analysis. Options presented were gabions, channel improvements, and/or a connection with Trent Street. Councilmember Pugh stated his support of identifying another entry point for Valley Lane. Councilmembers Gilley and Joplin stated their support for prioritizing this issue. Public Works Superintendent Larry Hoover requested direction regarding funding and noted the City’s Silver Certification through the NCTCOG iSWM program. There was a brief discussion of the need for easements. DRAFT UNTIL APPROVED BY COUNCIL Page 2 of 8 CITY COUNCIL MINUTES | DECEMBER 11, 2018 Regarding Danny Drive, Barnes stated that bids for the current CDBG Project would be opened Wednesday, December 12. He presented hydraulic work maps from the NCTCOG FY13 Risk Map Project (prepared by Halff), which was part of a study that had since been submitted to FEMA. There was some discussion of rebuilding the roadway and addressing a low point in the road. Barnes stated that installation of culverts or anything that moved water downstream faster would assist in low flow events, but would not keep water from the roadway during larger events. There was a brief discussion of the existing detention pond. The City Council stated their desire for the Utility and Infrastructure Board (UIB) to offer recommendations on these projects. C. Discuss amending the Comprehensive Plan as it relates to Urban Village zoning There was no discussion at this time. Council requested that this item be moved forward to the January 15, 2019 Regular Meeting. D. Discuss issues of Utility Billing by Fathom There was no discussion at this time. Council requested that this item be moved forward to the January 15, 2019 Regular Meeting. Mayor Johnson recessed the Work Session at 6:55 p.m. III. REGULAR SESSION Mayor Johnson called the Regular Session to order at 7:06 p.m. IV. ROLL CALL Present: Mayor Brian Johnson; Rockie Gilley, Place 1; Chris Pugh, Place 2; Linda Rhodes, Place 4; Jan Joplin, Place 5; Absent: Mayor Pro Tem Sandra Lee, Place 3 Staff: City Manager George Campbell, City Secretary & Communications Coordinator Leslie Galloway, Finance Director Brady Olsen, Director of Planning and Economic Development Melissa Dailey , Police Chief Tommy Williams, Fire Chief James Brown, Public Works Superintendent Larry Hoover, Director of Human Resources & Administrative Services Danielle Clarke, Library Director Amanda King, and City Attorney George A. Staples, Jr.; Consultants: Ben Pylant, Director of Water Resources at Halff Associates; and Craig Barnes President of Shield Engineering Group V. INVOCATION Pastor Nelda Barrett Murraine of FUMC Kennedale offered the invocation. VI. UNITED STATES PLEDGE AND TEXAS PLEDGE VII. VISITOR/CITIZENS FORUM No one spoke at this time. VIII. REPORTS/ANNOUNCEMENTS A. Updates from the City Council  ROCKIE GILLEY, PLACE 1, announced that he visited local businesses and toured the creeks of Kennedale. DRAFT UNTIL APPROVED BY COUNCIL Page 3 of 8 CITY COUNCIL MINUTES | DECEMBER 11, 2018  CHRIS PUGH, PLACE 2, announced that he attended the Christmas Tree Lighting and thanked the public works staff for their work at that event and the community for attending.  LINDA RHODES, PLACE 4, announced that she attended the Christmas Tree Lighting and enjoyed meeting members of the Youth Advisory Council (YAC); and that she would be attending a TMCA training on January 24-25.  JAN JOPLIN, PLACE 5, stated that she attended the Senior Center Thanksgiving luncheon; attended EDC, Council, Park Board, and P&Z meetings; and thanked the staff for their work on the Christmas Tree Lighting and the KPFFA for their Angel Tree Program; and that there was a “Police Navidad” luncheon on December 20 at FUMC. Joplin then read a proclamation recognizing James F. Delaney Elementary for their “Linda Huckabay Thanksgiving Food Drive”. Pastor Nelda Barrett Murraine of FUMC Kennedale thanked the students, families, and staff of Delaney for their support of the FUMC Mission Store Food Pantry through this program. B. Updates from the Mayor This item was taken out of order; Followed VII.C. Updates from the City Manager. Mayor Brian Johnson announced that he attended the Mayors Council meeting (which he chairs) and visited the Presbyterian Night Shelter; he noted the approval of the Tarrant County bond package, which included satellite health care locations; stated that the Commissioners Court recently approved the funding of a $10 million project to improve the portion of Sublett Road between Joplin Road and the Kennedale city limit; and that Kennedale Theatre in the Park had upcoming productions on Friday, December 14 and Saturday, December 15. Mayor Johnson then read a Proclamation designating December 22 as Arbor Day. C. Updates from the City Manager This item was taken out of order; Followed VII.A. Updates from the City Council. City Manager George Campbell introduced newly appointed Fire Chief James Brown. IX. MONITORING INFORMATION A. Monthly Financials – November 2018 There was no discussion at this time. B. Monthly EDC Financials and Activity Report There was no discussion at this time. X. INCIDENTAL ITEMS XI. REQUIRED APPROVAL ITEMS (CONSENT) A. Consider approval of minutes from November 12, 2018 regular meeting B. Consider appointment to the Fort Worth Wholesale Water and Wastewater Advisory Committee DRAFT UNTIL APPROVED BY COUNCIL Page 4 of 8 CITY COUNCIL MINUTES | DECEMBER 11, 2018 Councilmember Rhodes requested that item A be removed from Consent. Motion To Approve Consent Agenda, except Item A. Action Approve, Moved By Joplin, Seconded By Rhodes. Motion passes Unanimously. In relation to item XI.A (November 12 Minutes), Councilmember Rhodes requested that Work Session item B have the following language added to the final sentence: “… and for the Senior Center Board to turn in monthly financial reports to the City.” Motion To Approve Consent Item A as amended by Councilmember Rhodes. Action Approve, Moved By Rhodes, Seconded By Gilley. Motion passes Unanimously. XII. DECISION ITEMS A. Consider appointment of a Chair of the TIRZ Board per Ordinance 506 (refer to Section 3) Mayor Johnson nominated Councilmember Rockie Gilley as Chair of the TIRZ Board. Motion To Approve appointment of Councilmember Rockie Gilley as Chair of the TIRZ Board. Action Approve, Moved By Joplin, Seconded By Rhodes. Motion passes 4-0-1, with Councilmember Gilley abstaining. B. Consider adoption of Ordinance 656 adding two alternate places to the Utility and Infrastructure Board Motion To Approve Ordinance 656 adding two alternate places to the Utility and Infrastructure Board. Action Approve, Moved By Pugh, Seconded By Joplin. Motion passes unanimously. C. Consider appointment of two Utility and Infrastructure Board alternate members pursuant to Ordinance 656 Motion To Postpone appointments of two alternate members to the UIB until Council can interview applicants. Action Postpone, Moved By Gilley, Seconded By Joplin. Motion passes unanimously. D. Discuss and consider adoption of Ordinance 643, amending Chapter 15, Article V, Sec. 15- 155 of the City Code to regulate noise nuisances near residential dwellings Director of Planning and Economic Development Melissa Dailey gave a brief overview of this ordinance and was available to answer Council’s questions regarding the ordinance. Motion To Amend Ordinance 643, by maintaining a start time of 7:00 a.m. on weekdays, but delaying the start time until 8:00 a.m. on Saturdays and Sundays. Action Amend, Moved By Gilley, Seconded By Joplin. Motion passes unanimously. Motion To Approve Ordinance 643, amending Chapter 15, Article V, Sec. 15-155 of the City Code, as amended. Action Approve, Moved By Pugh, Seconded By Joplin. Motion passes unanimously. E. Receive a staff report and hold a discussion regarding the Village of Hammack Creek DRAFT UNTIL APPROVED BY COUNCIL Page 5 of 8 CITY COUNCIL MINUTES | DECEMBER 11, 2018 located at the northeast corner of East Kennedale Parkway and Kennedale Sublett Road Director of Planning and Economic Development Melissa Dailey gave a brief overview of this proposed mixed-use development, including a description of the requirements of the Urban Village zoning which the developers intended to pursue, pending approval of Decision Item F by the Council. Dailey then presented a preliminary site plan provided by OM Housing, which included 144 apartments, 16 townhomes (in Phase 1), 31,000 sqft. of retail, 7,500 sqft. of office space, and 2 acres of open space. She noted that the aim of Section 42 or the IRS code was to allow for a higher quality of housing than might be seen without offering subsidized financing to decrease development costs. In response to questions from Council, Patricia Ward, Director of the Tarrant County Community Development And Housing Department, stated that the proposed funding was subsidized on the developer side, rather than on the tenant side. Dailey then discussed the maximum rent amounts, the income levels that would qualify, the appeal of affordable housing to seniors and veterans (which the developer is required to reach out to under the proposed financing program), myths associated with affordable housing, the quality requirements of Urban Village zoning, and the principles of the Comprehensive Plan with which this development would align. Dailey noted that this was a $50 million investment in a parcel of land currently valued at about $700,000; and that the economic impact was estimated to be $1.24 million annually ($513,000 in sales and property tax to the City and $726,000 in property tax to KISD) or $36.5 million over 20 years as well as 50 added permanent jobs. F. Discuss and consider a resolution of Support for an application to the Texas Department of Housing and Community Affairs (TDHCA) 2019 Housing Credit Program by OM Housing, LLC to partially finance the mixed-use development of The Village at Hammack Creek, located at the northeast corner of East Kennedale Parkway and Kennedale Sublett Road Mayor Johnson noted that approval of this item was merely an expression of support for the developer’s application for the tax credit financing, not approval of the development, which would require application to the Planning & Zoning Commission for rezoning and site plan approval, which would then be considered by the City Council, if approved by the P&Z. Patricia Ward noted the lack of affordable housing in Tarrant County, and the need to have quality housing for all levels of income, including those beginning their careers or families that earn a median income. Director of Planning and Economic Development Melissa Dailey was also available to answer questions from the City Council, including those concerning the economic impact, the infrastructure and staff required to support the added residential and retail, mitigation of increased water runoff, and the potential impact on the school district. Councilmember Chris Pugh reiterated Mayor Johnson’s statement that Council was not considering the approval of the development, but was merely considering expressing support of the developer’s application for funding on a proposed $50 million development DRAFT UNTIL APPROVED BY COUNCIL Page 6 of 8 CITY COUNCIL MINUTES | DECEMBER 11, 2018 that would then go through many levels of review by both the Planning & Zoning Commission and the City Council where concerns could be addressed. He added that the community survey results presented to Council in an Informal Staff Report indicated several desires that would be met by this proposed development including professional office space, neighborhood services and small retail, and varying types of housing and designs. Councilmember Gilley stated his belief that this development would fundamentally change the community, and that he desired public input before supporting the developer’s application for tax credit funding. Deepak Sulakhe, President and CEO of OM Housing, stated that the deadline for the application for funding was March 1, 2019, with a pre-application due January 7, 2019. Mayor Johnson then requested that several emails from residents presented by himself and Councilmember Joplin be added to the minutes:  Lisa Cooper, 717 Timberline Street, stated via email her opposition to low income housing, and her support of seeking businesses in this area.  Cheryl Pond, 606 Hilltop Court, stated via email her opposition to the Council considering mixed use low income apartments.  Anthony Bichel, 908 Shady Vale Drive, stated via email his opposition to this proposed development because of the potential effects to the City and KISD.  Thelma Kobeck, 200 Valley Lane, stated via email her opposition to the Council supporting the developer’s application to the TDHCA due to the reduced rents and increased traffic; and urged the City Council and staff to review and revise the Comprehensive Plan.  Josh Altom, 1033 Estates Drive, stated via email his support of this Resolution and the related development, stating that it would be a housing option for public safety personnel and teachers. He also attached a statement from LeCretia Johnson who stated that she was born and raised in Kennedale, but as a single mother had left because of the lack of affordable housing.  Michael Strait, 509 Mansfield Cardinal Road, stated via email his opposition of this proposed development as well as the one on Little Road (Item G on this agenda).  Allen Ray, 1025 Winding Creek Drive, stated via email his desire for Council to table this item until more information is available about the financing.  Doug Elliott, 205 Hilltop Drive, stated via email his opposition to low cost family housing.  Sarah Turner, 1000 Oak Hill Park, stated via email her opposition to affordable housing unless the schools, first responders, and businesses can support it.  Jennifer Cannon, 701 Sunrise Drive, stated via email her support of apartments in this location if they were high-end with retail and restaurants attached, but not if they were “Section 8, HUD, or Government Assistance living”. Jason Lain, Director of Acquisitions of OM Housing, stated that the company focuses on high-end LEED-certified developments, partners with local companies, and includes the necessary infrastructure for each retail space. He went on to discuss the economic development advantages, the management of the property after completion, and the environmental standards of their developments. Lain reiterated that this resolution of DRAFT UNTIL APPROVED BY COUNCIL Page 7 of 8 CITY COUNCIL MINUTES | DECEMBER 11, 2018 support would allow OM Housing to proceed in the State application process, but would not guarantee approval in that process or indicate approval of the proposed site plan. Deepak Sulakhe stated that the State requires a ‘Hold Harmless’ letter at the time of zoning application, and understands that the development could be voted down in the future and was available to answer Council’s questions regarding these subjects. Motion To Approve a resolution of Support for an application to the Texas Department of Housing and Community Affairs (TDHCA) 2019 Housing Credit Program by OM Housing, LLC to partially finance the mixed-use development of The Village at Hammack Creek. Action Approve, Moved By Pugh, Motion Not Seconded. Motion Failed. Mayor Johnson declared this item dead for lack of a second. G. Case PZ 18-07 to conduct a public hearing and consider a request by Harlan Properties, Inc. for a rezoning of approximately 5 acres at 1109 North Little School Road, legal description of M P Lamar Survey, Abstract 987, Tract 2B Less HS and David Strickland Survey, Abstract 1376, Tract 8B, and approximately 6 acres at 1121 North Little School Road, legal description of David Strickland Survey, Abstract 1376, Tract 8A, 8A1 & 8A2, Less AG, and M P Lamar Survey, Abstract 987, Tract 2A, 2A1 & 2a1A Less HS, City of Kennedale, Tarrant County, Texas from C-1 Restricted Commercial to UV Urban Village 1. Staff Presentation Director of Planning and Economic Development Melissa Dailey stated that these four parcels would be combined for a proposed development on Little Road, that current surrounding uses are primarily commercial with some residential and one multifamily location (most of which are in the City of Arlington), and that the proposed zoning change would comply with the Future Land Use Plan. She provided a brief overview of the proposed development for this location and was available to answer Council’s questions regarding these subjects. Dailey stated that staff recommends approval and that the Planning and Zoning Commission recommends approval 4-2 vote. 2. Public Hearing  Wayne Burgdorf, of SVN Trinity Advisors at 3000 Race Street (Fort Worth), stated his support for the proposed rezoning, adding that during the four years he had been the listing agent for these properties, he had received more than 360 inquiries many of which were higher density rental developments, but that it was his opinion that something like this proposed medium density owner-occupied custom product would fit best within the plan and as well as meeting the needs of market demand and the Urban Village goals as defined by leadership. Mayor Johnson recessed the meeting at 8:59 p.m. and reconvened the meeting at 9:09 p.m. 3. Staff Response and Summary Director of Planning and Economic Development Melissa Dailey was available to answer the Council’s questions regarding the origin on the Urban Village zoning classification and DRAFT UNTIL APPROVED BY COUNCIL Page 8 of 8 CITY COUNCIL MINUTES | DECEMBER 11, 2018 other potential uses allowed under that zoning as well as the current zoning of C-1. Suresh Shridharani, President of Harlan Properties and Sumeer Homes, the developer of the proposed townhomes, stated that he only had intentions of building what was presented and that groundbreaking could likely happen by August of 2019. Motion To Approve Case PZ 18-07, a request by Harlan Properties, Inc. for a rezoning of approximately 5 acres at 1109 North Little School Road, legal description of M P Lamar Survey, Abstract 987, Tract 2B Less HS and David Strickland Survey, Abstract 1376, Tract 8B, and approximately 6 acres at 1121 North Little School Road, legal description of David Strickland Survey, Abstract 1376, Tract 8A, 8A1 & 8A2, Less AG, and M P Lamar Survey, Abstract 987, Tract 2A, 2A1 & 2a1A Less HS, City of Kennedale, Tarrant County, Texas from C-1 Restricted Commercial to UV Urban Village. Action Approve, Moved By Gilley, Seconded By Pugh. Motion passes unanimously. Mayor Johnson recessed to Executive Session at 9:32 p.m. XIII. EXECUTIVE SESSION A. Discuss proposed contract to purchase potable water from the City of Arlington and contract to transfer the operation and maintenance of the Kennedale water and sewer systems to the City of Arlington B. Discuss pending legal matters regarding Ron Sturgeon vs. City of Kennedale C. Discussion of City Manager's Annual Evaluation XIV. RECONVENE INTO OPEN SESSION, AND TAKE ACTION NECESSARY PURSUANT TO EXECUTIVE SESSION, IF NEEDED Mayor Johnson reconvened the meeting at 9:48 p.m. Council directed staff to move forward Work Session items A, C, and D and Executive Session item C to the January 15, 2019 Regular Meeting. XV. ADJOURNMENT Motion To Adjourn. Action Adjourn, Moved By Gilley, Seconded By Rhodes. Motion passed Unanimously. Mayor Brian Johnson adjourned the meeting at 9:50 p.m. APPROVED: ATTEST: BRIAN JOHNSON, MAYOR LESLIE GALLOWAY, CITY SECRETARY DRAFT UNTIL APPROVED BY COUNCIL STAFF REPORT TO THE HONORABLE MAYOR AND CITY COUNCIL Date: January 15, 2019 Agenda Item No: REQUIRED APPROVAL ITEMS (CONSENT) - C. I. Subject: Consider Resolution 544 approving the low bid of $281,269 to Atkins Brothers Equipment Company, and the City's participation amount of $98,249.30, for the 44th year CDBG project for Danny Drive water line improvements II. Originated by: Larry Hoover, Public Works Superintendent III. Summary: On March 19, 2018, the City Council approved Resolution 521 authorizing funding for the water line improvements on Danny Drive with Tarrant County Community Development and Housing as a Community Development Block Grant (CDBG) project. The eight formal project bids that were received were opened at the office of the Tarrant County Community Development and Housing on December 12, 2018, and have been tabulated for review. The lowest bid received is from Atkins Brothers Equipment Company in the amount of $281,269.00. The construction funds available from the 44th year CDBG program are $183,019.70, leaving a balance of $98,249.30 as the City’s matching fund participation. Attached to this staff report are the City Engineer's recommendation letter, resolution 521 and the staff report from the March 19, 2018 Council packet. IV. Fiscal Impact Summary: V. Legal Impact: VI. Recommendation: Approve VII. Alternative Actions: VIII. Attachments: 1.44th Year CDBG Danny Drive Bid Tabulation 44th Year CDBG Danny Drive Bid Tabulation.pdf 2.Contractor Award Recommendation Letter Contractor Award Recommendation Letter.pdf 3.20181226142515850 20181226142515850.pdf 4.R544 CDBG 44th Year R544 CDBG 44th Year.pdf SHIELD ENGINEERING GROUP, PLLC Consulting Engineers BID OPENING: Wednesday, December 12, 2018 at 11:00am BASE BID 1 8" PVC Waterline by Open cut LF 2526 $63.00 $159,138.00 $38.22 $96,543.72 $56.00 $141,456.00 $41.00 $103,566.00 $58.00 $146,508.00 $60.00 $151,560.00 $52.00 $131,352.00 $65.50 $165,453.00 2 6" PVC Waterline by Open Cut LF 33 $62.00 $2,046.00 $21.01 $693.33 $52.00 $1,716.00 $38.95 $1,285.35 $50.00 $1,650.00 $45.00 $1,485.00 $70.00 $2,310.00 $30.00 $990.00 3 Permanent Asphalt Pavement Repair SY 1128 $35.00 $39,480.00 $66.84 $75,395.52 $40.00 $45,120.00 $95.00 $107,160.00 $30.00 $33,840.00 $80.00 $90,240.00 $110.00 $124,080.00 $75.50 $85,164.00 4 Connect 1" Copper Water Service EA 39 $650.00 $25,350.00 $1,077.10 $42,006.90 $1,000.00 $39,000.00 $943.00 $36,777.00 $1,450.00 $56,550.00 $900.00 $35,100.00 $1,000.00 $39,000.00 $860.00 $33,540.00 5 Install Meter Box EA 39 $150.00 $5,850.00 $224.03 $8,737.17 $300.00 $11,700.00 $155.00 $6,045.00 $240.00 $9,360.00 $200.00 $7,800.00 $150.00 $5,850.00 $290.00 $11,310.00 6 Install automatic Flushing Device Assembly EA 1 $5,000.00 $5,000.00 $6,568.73 $6,568.73 $6,200.00 $6,200.00 $5,158.00 $5,158.00 $6,885.00 $6,885.00 $6,200.00 $6,200.00 $7,600.00 $7,600.00 $6,400.00 $6,400.00 7 Install 6" x 6" Tapping Sleeve & Valve Assembly EA 1 $2,000.00 $2,000.00 $3,875.39 $3,875.39 $5,000.00 $5,000.00 $2,567.00 $2,567.00 $2,450.00 $2,450.00 $3,200.00 $3,200.00 $6,000.00 $6,000.00 $5,650.00 $5,650.00 8 Remove andDispose of 6" ACP LF 692 $1.00 $692.00 $16.07 $11,120.44 $15.00 $10,380.00 $35.00 $24,220.00 $25.00 $17,300.00 $25.00 $17,300.00 $20.00 $13,840.00 $100.00 $69,200.00 9 Install 8" Gate Valve and Box EA 6 $1,500.00 $9,000.00 $1,793.18 $10,759.08 $1,850.00 $11,100.00 $1,434.00 $8,604.00 $1,461.00 $8,766.00 $1,420.00 $8,520.00 $2,000.00 $12,000.00 $1,650.00 $9,900.00 10 Install 6" Gate Valve and Box EA 3 $1,200.00 $3,600.00 $1,065.47 $3,196.41 $1,250.00 $3,750.00 $930.00 $2,790.00 $1,150.00 $3,450.00 $1,000.00 $3,000.00 $1,500.00 $4,500.00 $1,250.00 $3,750.00 11 Install New Fire Hydrant EA 3 $4,000.00 $12,000.00 $4,175.73 $12,527.19 $3,500.00 $10,500.00 $3,919.00 $11,757.00 $2,680.00 $8,040.00 $3,200.00 $9,600.00 $3,400.00 $10,200.00 $3,450.00 $10,350.00 12 Ductile Iron Water Fittings (AWWA C-153 With Restraint)TON 0.54 $3,000.00 $1,620.00 $20,320.82 $10,973.24 $8,592.59 $4,640.00 $13,310.00 $7,187.40 $13,550.00 $7,317.00 $4,500.00 $2,430.00 $9,000.00 $4,860.00 $20,500.00 $11,070.00 13 Flowable Fill for Abandoned Waterline CY 14 $400.00 $5,600.00 $210.80 $2,951.20 $180.00 $2,520.00 $195.00 $2,730.00 $250.00 $3,500.00 $230.00 $3,220.00 $150.00 $2,100.00 $300.00 $4,200.00 14 6" Abandonment Plug EA 6 $100.00 $600.00 $393.61 $2,361.66 $1,850.00 $11,100.00 $595.85 $3,575.10 $1,650.00 $9,900.00 $350.00 $2,100.00 $200.00 $1,200.00 $490.00 $2,940.00 15 Water Lowering EA 1 $2,500.00 $2,500.00 $5,073.51 $5,073.51 $3,500.00 $3,500.00 $4,007.00 $4,007.00 $4,760.00 $4,760.00 $4,500.00 $4,500.00 $4,100.00 $4,100.00 $6,050.00 $6,050.00 16 Salvage Fire Hydrant EA 3 $100.00 $300.00 $375.74 $1,127.22 $500.00 $1,500.00 $496.00 $1,488.00 $350.00 $1,050.00 $500.00 $1,500.00 $500.00 $1,500.00 $375.00 $1,125.00 17 Salvage 6" Gate Valve EA 5 $50.00 $250.00 $145.74 $728.70 $500.00 $2,500.00 $175.00 $875.00 $175.00 $875.00 $400.00 $2,000.00 $200.00 $1,000.00 $185.00 $925.00 18 Salvage 8" Gate Valve EA 1 $50.00 $50.00 $277.47 $277.47 $500.00 $500.00 $175.00 $175.00 $175.00 $175.00 $425.00 $425.00 $200.00 $200.00 $185.00 $185.00 19 Salvage 3/4" Water Meter EA 39 $25.00 $975.00 $56.63 $2,208.57 $150.00 $5,850.00 $100.00 $3,900.00 $100.00 $3,900.00 $25.00 $975.00 $100.00 $3,900.00 $10.00 $390.00 20 Trench Safety LF 3218 $1.00 $3,218.00 $0.83 $2,670.94 $1.50 $4,827.00 $0.65 $2,091.70 $1.00 $3,218.00 $1.00 $3,218.00 $0.50 $1,609.00 $0.25 $804.50 21 Traffic Control LS 1 $1,000.00 $1,000.00 $5,666.91 $5,666.91 $6,750.00 $6,750.00 $2,000.00 $2,000.00 $8,500.00 $8,500.00 $560.00 $560.00 $2,500.00 $2,500.00 $1,000.00 $1,000.00 22 SWPPP (Erosion Control)LS 1 $1,000.00 $1,000.00 $21,612.69 $21,612.69 $4,791.00 $4,791.00 $1,800.00 $1,800.00 $10,250.00 $10,250.00 $1,200.00 $1,200.00 $5,000.00 $5,000.00 $3,500.00 $3,500.00 $281,269.00 $327,075.99 $334,400.00 $339,758.55 $348,244.00 $356,133.00 $384,701.00 $433,896.50 $327,075.99 $334,400.00 $339,758.55 $348,244.00 $356,133.00 $384,701.00 $433,896.50 GRA-TEX Utilitis Unit Price Bid Value Chiener LLC Unit Price Bid Value Canary Construction, Inc. Unit Price Bid Value Excel 4 Construction, LLC Unit Price Bid ValueUnit Price Total - Base Bid Reytech Services, LLC Unit Price A & M Construction and Utilities Inc. Unit Price Bid Value Cidrax Texas, LLC Unit Price Bid Value BID TABULATION REPORT 44TH YEAR COMMUNITY DEVELOPMENT PROJECT WATERLINE IMPROVEMENTS FOR DANNY DRIVE IN KENNEDALE, TX $281,269.00 Apparent Low Bidder Bid Value Project Item Information Bidlist Item No.Description Total - Base Bid Bid ValueUnit of Measure Bid Quantity Atkins Brothers Equipment Company December 14, 2018 Mr. George Campbell City of Kennedale 405 Municipal Drive Kennedale, TX 76060 RE: Recommendation of Award 44th Year Community Development Project - Kennedale Water Line Improvements for Danny Drive Dear Mr. Campbell: The bid opening was held at the office of Tarrant County Community Development on Thursday December 12, 2018. Eight formal bids were received at the 11:00 AM bid opening for the above referenced project which appears on the attached bid tabulation. We have reviewed the bids for accuracy and omissions and they are in order. Atkins Brothers Equipment Company submitted the lowest total bid of $281,269.00. A summary of bids received is as follows: 1. Atkins Brothers Equipment Company $ 281,269.00 2. Reytech Services, LLC $ 327,075.99 3. Cidrax Texas, LLC $ 334,400.00 4. A&M Construction and Utilities Inc. $ 339,758.55 5. Chiener LLC $ 348,244.00 6. Canary Construction, Inc. $ 356,133.00 7. Excel 4 Construction, LLC $ 384,701.00 8. GRA-TEX Utilities $ 433,896.50 The available 44th Year CDBG construction funds amount to $183,019.70; therefore, the City of Kennedale will provide the supplemental funding of 98,249.30 Atkins Brothers Equipment Company has successfully completed numerous sized projects for developments in Dallas/ Fort Worth and surrounding areas. We suggest the City recommend to Tarrant County the award of the 44th Year CDBG Project to Atkins Brothers Equipment Company in the amount of $281,269.00. Sincerely, Craig H. Barnes, P.E., President Shield Engineering Group, PLLC Attachments: 44th Year CDBG Danny Drive Bid Tabulation CC: Brad Hearne, Tarrant County, Program Manager Page 1 RESOLUTION NO. 544 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KENNEDALE, TEXAS RECOMMENDING THE AWARD OF A BID FOR THE 44TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROJECT FOR DANNY DRIVE WATER LINE IMPROVEMENTS WITHIN THE CITY OF KENNEDALE, TEXAS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on March 19, 2018, the City Council of the City of Kennedale approved Resolution No. 521 approving the 44th Year Community Development Block Grant (CDBG) Project for Danny Drive Water Line Improvements; and WHEREAS, the budget for the project approved on March 19, 2018 reflects CDBG Construction Funds in an amount of $140,000.00 and City of Kennedale Funds in an amount of $201,965.00; and WHEREAS, the CDBG Construction Funds currently available for this project are $183,019.70; and WHEREAS, on December 12, 2018, Tarrant County Community Development and Housing opened formal bids for the Danny Drive Water Line Improvements, with Atkins Brothers Equipment Company submitting a low bid of $281,269.00; and WHEREAS, the City funds approved in the budget will be utilized for project costs in excess of the CDBG Construction Funds available for the project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KENNEDALE, TEXAS: Section 1. All matters stated in the preamble of this resolution are true and correct and are incorporated herein as if copied in their entirety. Section 2. The City Council of the City of Kennedale accepts the low bid of Atkins Brothers Equipment Company in the amount of $281,269.00 with a 90 calendar day construction timeline and requests that Tarrant County award the Contract for the Danny Drive Water Line Improvements to Atkins Brothers Equipment Company. Section 3. The City Council approves funding participation for the Danny Drive Water Line Improvements CDBG construction project in the amount of $98,249.30, consistent with the project budget approved on March 19, 2018. Section 4. This resolution shall be effective upon passage. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF KENENDALE, TEXAS on this 15th day of January, 2019. Page 2 APPROVED: ______________________________ Mayor ATTEST: ______________________________ City Secretary STAFF REPORT TO THE HONORABLE MAYOR AND CITY COUNCIL Date: January 15, 2019 Agenda Item No: REQUIRED APPROVAL ITEMS (CONSENT) - D. I. Subject: Consider approval of Resolution 545 calling the General Election for May 4, 2019 II. Originated by: Leslie Galloway, City Secretary & Communications Coordinator III. Summary: The attached Resolution is an ordering of the General Election on Saturday, May 4, 2019. City Council Places 1, 3, and 5 will appear on the ballot. The last date for a political subdivision to order a General and/or Special election for Saturday, May 4, 2019, is Friday, February 15, 2019. If the Council seeks to order a Special Election to submit to the voters proposed Charter amendments, final ballot language of those amendments must be included in an Ordinance calling that Special Election. TOASE has requested a minimum of two weeks to draft ballot language. As the next Regular City Council Meeting is Tuesday, February 19, 2019, a Special Meeting would be required to call a Special Election in addition to the General Election (which is ordered by the attached Resolution). Candidate Packets are now available online (www.cityofkennedale.com/candidate) and in the City Secretary's Office. The filing period is from 8:00 a.m. on Wednesday, January 16 through 5:00 p.m. on Friday, February 15, 2019, during regular office hours. More information is available at www.cityofkennedale.com/election. The City of Kennedale contracts with Tarrant County for election purposes. There have been no significant changes to the contract with Tarrant County since it was made in 2010. Dates of importance for the upcoming General Election include: Wednesday, January 16, 2019: First day to file an 'Application for a Place on Ballot' Friday, February 15, 2019: Deadline to file an 'Application for a Place on Ballot' (must be received by 5:00 pm); last day for the governing body of a municipality to order a General and/or Special Election Friday, February 22, 2019, at 4:30 p.m.: Drawing to determine order of names on the ballot April 4, 2019: Last day to register to vote in the May 4, 2019 General Election April 22-30, 2019: Early Voting May 4, 2019 - ELECTION DAY 7:00 am to 7:00 pm at the Kennedale Community Center (316 W 3rd Street) May 7-15, 2019: Period for official canvass of returns and oaths of office of newly elected officers, unless runoff is necessary June 8, 2019 - Runoff Election, if necessary (This date will be officially set by Tarrant County Elections, but this is the tentative date noted in the draft schedule available at this time.) A calendar of local dates is attached. The official election calendar published by the Texas Secretary of State is available at www.sos.state.tx.us/elections/laws/may-4-election-law-calendar-2019.shtml. IV. Fiscal Impact Summary: V. Legal Impact: VI. Recommendation: Approve VII. Alternative Actions: VIII. Attachments: 1.R545 Calling 2019 General Election_TOASE R545 Calling 2019 General Election_TOASE.pdf 2.Pages from Candidate Packet Letter 2019_FINAL_3 Pages from Candidate Packet Letter 2019_FINAL_3.pdf Page 1 of 3 R545 CITY OF KENNEDALE, TX 2019 RESOLUTION NO. 545 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KENNEDALE, TEXAS, CALLING FOR A GENERAL ELECTION TO BE HELD ON MAY 4, 2019; APPROVING A JOINT ELECTION WITH TARRANT COUNTY; AND ESTABLISHING PROCEDURES FOR THAT ELECTION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Kennedale, Texas, (the “City”) is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code ; and WHEREAS, the regular election for City Council of the City of Kennedale is required to be held on May 4, 2019, at which time the voters will elect persons to fill the offices of City Council Places 1, 3, and 5; and WHEREAS, the election will be held as a joint election, conducted under the authority of Chapter 271 of the Texas Election Code (the “Code”); and WHEREAS, by this Resolution, it is the intention of the City Council to designate a polling place for the election, to appoint the necessary election officers, to establish and set forth procedures for conducting the election, and to authorize the Mayor to execute a contract with Tarrant County for conducting the election. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KENNEDALE, TEXAS: SECTION 1. GENERAL ELECTION CALLED. An election is hereby called to elect the offices of City Council Places 1, 3, and 5 to serve from May of 2019 until May of 2021, or until their successors are duly elected and qualified. The election shall be held on May 4, 2019, between the hours of 7:00 a.m. and 7:00 p.m. at Kennedale Community Center, 316 W. 3rd Street, Kennedale, Texas 76060. SECTION 2. JOINT ELECTION AGREEMENT APPROVED. The Mayor is authorized to execute a Joint Election Agreement (the “Agreement”) with Tarrant County for the purpose of having Tarrant County furnish all or any portion of the election services and equipment needed to conduct the election. The Agreement and election services provided therein shall conform to Chapter 31, Subchapter D of the Code and other applicable statutes and laws. In the event of conflict between this resolution and the Agreement, the Agreement shall control. SECTION 3. APPLICATION FOR PLACE ON BALLOT. Qualified persons may file as candidates by filing applications in the office of the City Secretary from 8:00 a.m. to 5:00 p.m., Monday through Friday, from January 16, 2019 through February 15, 2019. SECTION 4. EARLY VOTING. a. Early voting by personal appearance. Early voting by personal appearance Page 2 of 3 R545 CITY OF KENNEDALE, TX 2019 shall be conducted beginning April 22, 2019, and continue through April 30, 2019, at the Kennedale Community Center, 316 W. 3rd Street, Kennedale, Texas 76060 at the following times: MONDAY, APRIL 22, 2019 8:00 A.M. – 5:00 P.M. TUESDAY, APRIL 23, 2019 8:00 A.M. – 5:00 P.M. WEDNESDAY, APRIL 24, 2019 8:00 A.M. – 5:00 P.M. THURSDAY, APRIL 25, 2019 8:00 A.M. – 5:00 P.M. FRIDAY, APRIL 26, 2019 8:00 A.M. – 5:00 P.M. SATURDAY, APRIL 27, 2019 7:00 A.M. – 7:00 P.M. SUNDAY, APRIL 28, 2019 11:00 A.M. – 4:00 P.M. MONDAY, APRIL 29, 2019 7:00 A.M. – 7:00 P.M. TUESDAY, APRIL 30, 2019 7:00 A.M. – 7:00 P.M. Branch offices for early voting by personal appearance shall also be established as outlined in the Joint Election Agreement with Tarrant County. b. Early Voting by Mail. Heider Garcia, the Tarrant County Elections Administrator, or his successor, acting pursuant to Texas Govern ment Code §601.002 (“Election Administrator”), is hereby designated as Early Voting Clerk for the election. Applications for early voting by mail may be delivered not later than the close of business on April 23, 2019 to the Election Administrator in any of the following ways: via mail to Early Voting Clerk, P.O. Box 961011, Fort Worth, Texas 76161-0011; via courier or hand delivery to Tarrant County Elections, 2700 Premier St., Fort Worth, Texas 76111 -3011; via fax to 817-831-6118; or via email to votebymail@tarrantcounty.com. c. Early Voting Ballot Board. Early voting, both by personal appearance and by mail, shall be canvassed by the Early Voting Ballot Board established by Tarrant County under the terms of the Agreement. SECTION 5. APPOINTMENT OF ELECTION JUDGE AND ALTERNATE ELECTION JUDGE. The Presiding Election Judge and Alternate Presiding Judge shall be appointed by Tarrant County as authorized by Chapter 271 of the Code. SECTION 6. METHOD OF VOTING; COSTS. The Joint Election Agreement shall provide (a) the type of electronic voting equipment to be used for early voting by personal appearance and on election day, (b) notification and training for election judges and clerks, (c) an estimate and final payment terms for the election services provided, (d) agreements for early voting equipment and voting machine rental, and (e) other procedures to conduct the election . All expenditures necessary for the conduct of the election, the purchase of materials therefor, and the employment of all election officials are hereby authorized, and shall be conducted in accordance with the Code. SECTION 7. GOVERNING LAW AND QUALIFIED VOTERS. The election shall be held in accordance with the Constitution of the State of Texas and the Code, and all resident qualified voters of the City shall be eligible to vote at the election. Page 3 of 3 R545 CITY OF KENNEDALE, TX 2019 SECTION 8. PUBLICATION AND POSTING OF NOTICE OF ELECTION. Notice of the election shall be given as required by Chapter 4 of the Code. SECTION 9. SUBMISSIONS TO THE UNITED STATES JUSTICE DEPARTMENT. Tarrant County is authorized to make such submissions as are necessary to the United States Justice Department to seek pre-clearance for any changes in voting practices as authorized by the Voting Rights Act of 1965, as amended. SECTION 10. NECESSARY ACTIONS. The Mayor and the City Secretary, in consultation with the City Attorney, are hereby authorized and directed to take any and all actions necessary to comply with the provisions of federal and state law in carrying out and conducting the election, whether or not expressly authorized herein. SECTION 11. RUNOFF ELECTION. The Council hereby orders that, following the canvass of the May 4, 2019 election, any runoff election required shall be held in accordance with Section 2.025 (a) of the Code, and on a date as agreed to between the City of Kennedale and Tarran t County Elections Administration. SECTION 12. EFFECTIVE DATE. This resolution shall be effective upon its adoption. PASSED AND APPROVED THIS 15th DAY OF JANUARY, 2019. APPROVED: ______________________________ MAYOR, BRIAN JOHNSON [ C I T Y S E A L ATTEST: ______________________________ CITY SECRETARY, LESLIE GALLOWAY APPROVED AS TO FORM AND LEGALITY: ______________________________ CITY ATTORNEY, WAYNE OLSON    STAFF REPORT TO THE HONORABLE MAYOR AND CITY COUNCIL Date: January 15, 2019 Agenda Item No: REQUIRED APPROVAL ITEMS (CONSENT) - E. I. Subject: Consider authorizing the Mayor to sign a one-year extension of an Interlocal Agreement with City of Fort Worth for rabies control services and the utilization of animal impoundment and quarantine facilities II. Originated by: Tommy Williams, Police Chief III. Summary: In FY2016-17, the City Council approved an Interlocal Agreement (ILA) with the City of Fort Worth for limited rabies control services and impoundment and quarantine facilities for animals. During the calendar year 2018 we were billed for a total of $32,400.00 in shelter services. These invoices were associated with the impounding and adoption fees for our animals that were not claimed by an owner. When an animal is brought into the shelter, it is held for the requisite three days for owner reclamation, as required by ordinance. After that the animal is placed for adoption with the City of Fort Worth through the shelter. We pay a boarding fee until the animal is adopted. A total of 77 dogs and 4 cats were impounded by the Animal Control Officer during the year. That contract allowed for three additional one-year extensions by written agreement of both parties. The first of these extensions was signed in 2018, and the current consideration is the attached (received December 14, 2018) that would extend this ILA through September 30, 2019. IV. Fiscal Impact Summary: V. Legal Impact: VI. Recommendation: Approve VII. Alternative Actions: Staff recommends approval. VIII. Attachments: 1.CONTRACT RENEWAL NOTICE - Kennedale ILA Rabies Control-noWM CONTRACT RENEWAL NOTICE - Kennedale ILA Rabies Control-noWM.pdf 2.Interlocal Agreement (2016-2017)Interlocal Agreement (2016-2017).pdf CITY SeCROARY CONTRACT N0, STATE OF TEXAS COUNTY OF TARRANT INTERLOCAL AGREEMENT FOR RABIES CONTROL CITY OF KENNEDALE THIS AGREEMENT is made and entered into by and between the City of Fort Worth, a home -rule municipal corporation situated in Tarrant, Denton, Parker, and Wise Counties, Texas, acting by and through its duly authorized Assistant City Manager (hereinafter referred to as City "), and the City of Kennedale, Texas, a home -rule municipal corporation located in Tarrant County, Texas, acting by and through its duly authorized Mayor (hereinafter referred to as Kennedale "). WHEREAS, Chapter 791 of the Texas Government Code authorizes the formulation of interlocal cooperation agreements between and among municipalities and counties for the performance of governmental functions; and WHEREAS, Chapter 826 of the Texas Health and Safety Code, also known as the Rabies Control Act of 1981 (hereinafter referred to as the "Act'), requires governing bodies of each municipality to designate a local rabies control authority to enforce the Act and minimum standards for rabies control adopted by the Texas Department of State Health Services; and WHEREAS, Section 826.016 of said Act authorizes a municipality to enter into agreements with public entities to carry out activities required or authorized under the Act; and WHEREAS, Kennedale wishes to participate in an interlocal agreement with City for the purpose of limited rabies control in the City of Kennedale; and WHEREAS, Kennedale and City mutually desire to be subject to the provisions of Chapter 791 of the Texas Government Code, also known as the Interlocal Cooperation Act. NOW, THEREFORE, it is agreed as follows: 1. PURPOSE The purpose of this Interlocal Agreement is to enter into an Agreement between City and Kennedale whereby, subject to the terms and conditions hereinafter set forth and consideration specified below, City agrees to provide Kennedale with limited rabies control services in the City of Kennedale, and City agrees to provide impoundment and quarantine facilities for animals pursuant to this Agreement for the benefit of Kennedale. 2. DEFINITIONS For the purposes of this Agreement, the following definitions shall apply: ACT shall mean the Rabies Control Act of 1981, codified as Chapter 826 of the Texas Health and Safety Code. ANIMAL shall mean any living, vertebrate creature, domestic or wild, other than home sapiens. ANIMAL CARE AND CONTROL CENTER shall mean a facility located in Fort Worth, Texas, which is operated by the City for the purpose of impounding and caring for animals as prescribed by law. BITE shall mean a bite or scratch capable of transmitting rabies, which is inflicted by an animal on a human. CAT shall mean a commonly domesticated member of the Felidae (feline) family, other than lion, tiger, bobcat, jaguar, panther, leopard, cougar, or other prohibited animal. DANGEROUS DOG shall mean a dog that makes an unprovoked attack on a person that causes bodily injury and occurs in a place other than an enclosure in which the dog is being kept and that was reasonably certain to prevent the dog from leaving the enclosure on its own; or commits unprovoked acts in a place other than an enclosure in which the dog was being kept and that was reasonably certain to prevent the dog from leaving the enclosure on its own and those acts cause a person to reasonably believe that the dog will attack and cause bodily injury to that person. DAY shall mean a calendar day or any part thereof. DOG shall mean canis familiaris. QUARANTINE shall mean the strict confinement of a biting animal, in accordance with the Act and the Rules. RABIES shall mean an acute viral disease of man and animal affecting the central nervous system and usually transmitted by an animal bite. RULES shall mean the rules adopted by the Texas Department of State Health Services for rabies control and eradication under 25 TAC § 169.21 et seq. STRAY shall mean roaming with no physical restraint beyond the premises of an animal's owner or keeper. Interlocal Agreement with Kennedale for Rabies Control Page 2 of I1 3. TERM Unless terminated pursuant to the terms herein, this Agreement shall be for a term of one year, beginning on October 1 2016 and ending on September 31, 2017. In addition, the term may be extended by mutual written agreement of the parties, for up to three additional (3) one- year terms. 4. SERVICES BY CITY A. Hours City agrees to perform the services described herein for Kennedale in the City of Kennedale, between the hours of 8:00 a.m. and 4:00 p.m. weekdays and weekends, excluding holidays, with no after hours service provided. B. Rabies Response In the manner and to the extent that it deems appropriate and in accordance with the Rules and the Act, bite animals which are presented by Kennedale to the City will be handled by the City in accordance with the Act and Texas Administrative Code, § 169.33 Submission of Specimens for Laboratory Examination. C. Impoundment of Dogs City will board dogs delivered to the City's Animal Care and Control Center by Kennedale officials pursuant to Section 6. 5. DUTIES OF KENNEDALE A. Kennedale agrees that it will retain all responsibility for enforcement of all aspects of the Act not covered in Paragraph 4 of this Agreement, including criminal enforcement. B. Kennedale agrees that it will pursue, at its discretion, the issuance and execution of warrants or other court orders necessary for the seizure of animals requiring quarantine or testing under Section 4 (C) of this Agreement, whose owners have failed or refused to place them for quarantine or testing. Kennedale further agrees that City is not required to pursue the issuance and execution of such warrants. 6. IMPOUNDMENT AND DISPOSITION OF ANIMALS A. A live, stray dog impounded by the City under this Agreement shall be held for a period of not less than seventy -two 72 hours, unless released earlier to its owner ( "Animal Owner ") or as described in subsection 6.D. below. A quarantined animal shall be held or presented for testing according to the Act and the Rules. Kennedale shall provide in Interlocal Agreement with Kennedale for Rabies Control Page 3 of I I writing to the City the date of the bite incident and the animal's date of release from quarantine. Kennedale shall pay charges for impounded dogs as specified in Exhibit "A." B. Prior to the expiration of the impoundment period, the City may destroy an impounded dog if the Animal Services Administrator or Animal Control Manager of the City or the Animal Care and Control's veterinarian recommends and approves such action. C. Impounded animals will be released to their owners upon: 1) Proof of identification; 2) Payment of Exhibit `B" fees; 3) The animal is vaccinated against rabies at the owner's expense if the animal is a dog or a cat over 12 weeks of age and the owner does not have an unexpired rabies vaccination certificate for the animal. D. The ownership of impounded or quarantined animals that have not been released to their owners on the expiration of the impoundment or quarantine period shall lie with Kennedale, and Kennedale authorizes the City to place the animals for adoption, to transfer them to other animal welfare organizations, or to be euthanized at the sole discretion of the City or as required by law. Kennedale specifically requests the City euthanize all animals from Kennedale that are not adopted or transferred. E. All quarantined animals from Kennedale not reclaimed by their owner will be disposed of pursuant to Section 6D. above, and Kennedale will be billed for the cost in accordance with the fee schedule. F. Kennedale will be billed for all impounded dogs and quarantined animals delivered by or from the Kennedale in accordance with Exhibit "A" below. G. The City will impound and hold dogs from Kennedale which have been seized by Kennedale only under Chapters 821 or 822 of the Texas Health and Safety Code. Kennedale agrees to request, pursuant to Chapters 821 and 822, an Appeals Bond to cover the fees estimated to be charged to the Animal Owner under Exhibit `B" and Kennedale agrees to pay the City all fees which would have been charged the Animal Owner in the event the court does not require the Animal Owner to pay the fees or where the Animal Owner is ordered by the court to pay and fails to pay. 7. EXCLUSIONS A. Nothing in this Agreement shall be deemed as designating the City or an officer or employee of the City as the "local health authority" or "local rabies control authority" of Kennedale as those terms are defined or used in Title 10 of the Texas Health and Safety Code, Vernon's Texas Codes Annotated. B. Nothing in this Agreement shall be deemed as requiring the City to investigate reports of dangerous dogs, to register dangerous dogs, or otherwise regulate dangerous dogs in the Interlocal Agreement with Kennedale for Rabies Control Page 4 of I I City of Kennedale under the authority of Chapter 822 Subchapter D. of the Texas Health and Safety Code, Vernon's Texas Codes Annotated. C. Nothing in this Agreement shall be deemed as requiring the City to quarantine or present for testing domestic animals that have been bitten by or directly exposed by physical contact to a rabid animal or its fresh tissues. D. City shall not impound stray animals if Kennedale fails to enact and maintain rules or ordinances pursuant to Sections 826.015 and 826.033 of the Texas Health and Safety Code that require animals to be restrained at all times. 8. RESPONSIBILITY FOR EMPLOYEES City employees who provide services under this Agreement are deemed to be City employees when providing such services. City will exercise complete control over the hiring, training, supervision, and conduct of such employees. City will be responsible for all wages and applicable payroll deductions, unemployment taxes, workers' compensation insurance, vacations, holidays, and fringe benefits for such employees and for all uniforms, vehicles, and equipment used by such employees for providing services under this Agreement. Kennedale shall have no direct supervisory authority over such employees except in emergency situations where the exercise of supervision by Kennedale becomes necessary for resolution of the emergency. Regarding workers' compensation insurance, the City shall not waive its right to subrogate against Kennedale for losses incurred in the course of City's services rendered to Kennedale under this Agreement. 9. COMPENSATION A. As fair compensation for the services rendered Kennedale agrees to pay City for its services based on the schedule attached hereto as Exhibit "A ", as pertinent, which is hereby incorporated as a part of this Agreement as if it were set forth at length. City may adjust any fee listed in Exhibit "A" during the term of this Agreement by giving Kennedale 120 days B. Head and shipment preparation fees shall be as described in Exhibit "A ". C. Kennedale will not pay City more than $55,000.00, in total per contract year, for services rendered during the term of this Agreement. This amount shall herein constitute a not to exceed limitation placed upon this Agreement, and when such amount is reached, City will cease providing such services. City agrees to provide the Kennedale with an itemized monthly bill. Kennedale agrees to promptly pay such bills upon presentation by the City, such payments to be made from current revenues available to Kennedale, within thirty (30) days of receipt. In the event of the termination of this Agreement, City shall bill Kennedale for any outstanding balance, regardless of the amount, and Kennedale agrees to promptly pay such bill, within thirty (30) days of receipt. lnterlocal Agreement with Kennedale for Rabies Control Page 5 of I I D. Pursuant to the requirements of Section 791.011(d)(3) of the Texas Government Code, the amount due City shall be paid from revenues available to Kennedale in that current fiscal year. 10. FEES CHARGED ANIMAL OWNERS Kennedale hereby agrees that City may charge, or cause to be charged, the fees set out in Exhibit B" to the owners of animals that have been impounded or quarantined. "Exhibit B" is hereby incorporated as a part of this Agreement as if it were set forth at length. City is hereby authorized to increase said fees during the terms of this Agreement by giving Kennedale 120 days' notice. Notwithstanding the fees charged to animal owners, Kennedale shall remain responsible to the City for the fees set out in Exhibit "A." 11. LIABILITIES A. To the extent permitted by law, Kennedale shall be responsible for all work- related deaths, injuries or diseases of Kennedale employees, and for property damage, personal injury or death caused by such employees, relating to work provided pursuant to this Agreement. B. To the extent permitted by law, City shall be responsible for all work - related deaths, injuries or diseases of City employees, and for property damage, personal injury or death caused by City employees or volunteers relating to work provided pursuant to this Agreement. C. Kennedale shall be responsible for all property damages, personal injuries and death caused by the use of City and Kennedale equipment and vehicles caused by Kennedale employees or volunteers pursuant to this Agreement. Furthermore, Kennedale shall be responsible for the repair or replacement of all such equipment and vehicles damaged, destroyed, lost or stolen by Kennedale employees or volunteers during the provision of services hereunder. D. City shall be responsible for all property damages, personal injuries and death caused by the use of City equipment and vehicles caused by City employees or volunteers pursuant to this Agreement. Furthermore, City shall be responsible for the repair or replacement of all such equipment and vehicles damaged, destroyed, lost or stolen caused by City employees or volunteers during the provision of services hereunder. 12. IMMUNITY & THIRD PARTIES A. Kennedale expressly waives its right to assert immunity from suit for a claim forming the basis of a suit between the City and Kennedale alleging a breach of this Agreement. Kennedale does this as consideration for the City's offer to enter into this Contract with Interlocal Agreement with Kennedale for Rabies Control Page 6 of I I Kennedale. No third party may use this waiver in any way and no waiver of immunity in favor of a third party is intended by this Agreement. B. Nothing in this Agreement shall be construed to expand the liability of City or Kennedale beyond the scope of Chapter 101 of the Texas Civil Practice and Remedies Code unless specifically stated herein. 13. TERMINATION It is further agreed by and between City and Kennedale that City and Kennedale shall each have the right to terminate this Agreement upon thirty (30) days written notice to the other ply. 14. ENTIRETY This Agreement contains all commitments and agreements of the parties hereto, and no other oral or written commitments shall have any force or effect if not contained herein. 15. MODIFICATION This Agreement may be modified by the mutual agreement of the parties, if the modification is in writing and signed by City and Kennedale. 16. SEVERABILITY In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision thereof and this Agreement shall be construed as if such invalid, illegal, or unenforceable provisions had never been contained herein. 17. AUTHORITY This Agreement is made for City and Kennedale as an Interlocal Agreement pursuant to VTCA, Government Code, Chapter 791. 18. AUTHORIZATION The undersigned officer and/or agents of the parties hereto are properly authorized officials and have the necessary authority to execute this Agreement on behalf of the parties Interlocal Agreement with Kennedale for Rabies Control Page 7 of I I hereto, and each party hereby certifies to the other that any necessary resolutions extending such authority have been duly passed and are now in full force and effect. 19. FORCE MAJEURE It is expressly understood and agreed by the parties to this Agreement that if the performance of any obligations hereunder is delayed by reason of war; civil commotion; acts of God; inclement weather; governmental restrictions, regulations, or interferences; fires; strikes; lockouts, national disasters; riots; material or labor restrictions; transportation problems; or any other circumstances which are reasonably beyond the control of the party obligated or permitted under the terms of this Agreement to do or perform the same, regardless of whether any such circumstance is similar to any of those enumerated or not, the party so obligated or permitted shall be excused from doing or performing the same during such period of delay, so that the time period applicable to such design or construction requirement shall be extended for a period of time equal to the period such party was delayed. 20. FISCAL FUNDING LIMITATION If for any reason, at any time during any term of this Agreement, either city fails to appropriate funds sufficient for the City to fulfill its obligations under this Agreement, that City may terminate this Agreement to be effective on the later of (i) thirty (30) days following delivery of written notice of the city's intention to terminate or (ii) the last date for which funding has been appropriated by the City Council for the purposes set forth in this Agreement. Remainder of Page Intentionally Blank Interlocal Agreement with Kennedale for Rabies Control Page 8 of I I SIGNATURE PAGE INTERLOCAL AGREEMENT FOR RABIES CONTROL CITY OF FORT WORTH AND KENNEDALE CITY OF FORT WORTH 72 " t M/ Fernando Costa Assistant City Manager CITY OF KE By: 3 r P om To h w sc) -1 Title: Mayor or Manager Date: G I" RECD NDE Dr. Timothy Mort n Asst. Code Compliance Director APPROVED AS TO FORM LEGALILate14m Melinda Ramos Assistant City Attorney APPROVED AS TO FORM AND LEGALITY City Attorney Interlocal Agreement with Kennedale for Rabies Control Page 9 of I I M &C &Inty Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. farn of Employee] n `y rl,tP Y rti' ?ccY2yii 1 Title] Imo;;; ROM-1 SCHEDULE OF FEES PAID BY KENNEDALE ImpoundmentsBoarding Fee: Kennedale shall pay the City a flat fee of $400.00 per dog or quarantine animal delivered to the City by Kennedale officials during the term of this agreement. SPECIMEN HEAD PREPARATION AND SHIPMENT Per Animal Head Specimen $200.00 per specimen Interlocal Agreement with Kennedale for Rabies Control Page 10 of I I EXHIBIT B SCHEDULE OF FEES TO BE PAID TO CITY BY OWNERS RECLAIMING ANIMALS Rabies vaccination fee Spay or neuter fee Microchip Fee Daily board fees: Kenneling (dog, cat, small animal) Kenneling (other than dogs, cats or small animal) Quarantined animals and dangerous dogs 9.00 per reclaimed dog or cat 50.00 per cat 80.00 per dog 12.00 per reclaimed dog or cat 30.00 per day 30.00 per day 50.00 per day Interlocal Agreement with Kennedale for Rabies Control Page I I of I I STAFF REPORT TO THE HONORABLE MAYOR AND CITY COUNCIL Date: January 15, 2019 Agenda Item No: REQUIRED APPROVAL ITEMS (CONSENT) - F. I. Subject: Consider approval of the low bid of $369,249.00 to PM Construction & Rehab, LLC, for Crestdale sewer line improvements II. Originated by: Larry Hoover, Public Works Superintendent III. Summary: Award the contract and approval of low bid of $369,249.00 by PM Construction & Rehab, LLC, for the construction of the Crestdale sewer line improvements. PM Construction & Rehab, LLC, submitted the low bid of $369,249.00 for the Crestdale sewer line improvements. The Project was advertised in the Fort Worth Star-Telegram on Wednesday, December 19, and Wednesday, December 26, 2018; and the bid opening was held on Wednesday, January 9, 2019, at 2:30 p.m. in City Hall. The project consists of the rehabilitation of an estimated 3610 linear feet of sewer lines by pipe burst construction and related repairs as outlined in the contract. The City Council, at their August 20, 2018 meeting, approved the engineering and construction of the project. The project will be funded out of the Water and Sewer Capital Projects fund. The City’s Engineer has submitted a letter of recommendation and a bid tabulation form which is included in this packet. IV. Fiscal Impact Summary: V. Legal Impact: VI. Recommendation: Approve VII. Alternative Actions: VIII. Attachments: 1.Crestdale Sewer Improvements Bid Tabulation Crestdale Sewer Improvements Bid Tabulation.pdf 2.Signed Contractor Award Recommendation Letter Signed Contractor Award Recommendation Letter.pdf SHIELD ENGINEERING GROUP, PLLC Consulting Engineers BID OPENING: Wednesday, January 9, 2019 at 2:30pm BASE BID 1 8" Sewer Main by Pipe Burst LF 3610 $42.00 $151,620.00 $52.00 $187,720.00 $50.00 $180,500.00 $110.00 $397,100.00 2 Remove and Dispose of 4' SSMH EA 9 $450.00 $4,050.00 $500.00 $4,500.00 $1,000.00 $9,000.00 $450.00 $4,050.00 3 4' Standard SSMH EA 11 $5,850.00 $64,350.00 $5,400.00 $59,400.00 $5,800.00 $63,800.00 $3,500.00 $38,500.00 4 4' Drop SSMH EA 1 $2,750.00 $2,750.00 $9,900.00 $9,900.00 $6,500.00 $6,500.00 $4,000.00 $4,000.00 5 Vacuum Testing EA 12 $250.00 $3,000.00 $200.00 $2,400.00 $150.00 $1,800.00 $300.00 $3,600.00 6 Reconnect 4" Services w/ 2 Way Cleanout EA 63 $750.00 $47,250.00 $770.00 $48,510.00 $1,200.00 $75,600.00 $800.00 $50,400.00 7 4" Sewer Service (SDR-35)LF 730 $35.00 $25,550.00 $30.00 $21,900.00 $30.00 $21,900.00 $50.00 $36,500.00 8 Trench Safety LF 3610 $2.00 $7,220.00 $1.00 $3,610.00 $1.00 $3,610.00 $3.00 $10,830.00 9 Post CCTV Inspection LF 3610 $2.40 $8,664.00 $2.00 $7,220.00 $3.00 $10,830.00 $10.00 $36,100.00 10 Remove and Replace 6" Curb and Gutter LF 183 $18.00 $3,294.00 $25.00 $4,575.00 $35.00 $6,405.00 $20.00 $3,660.00 11 Asphalt Pavement Repair SY 64 $110.00 $7,040.00 $118.00 $7,552.00 $45.00 $2,880.00 $100.00 $6,400.00 12 Concrete Driveway Repair SY 22 $80.00 $1,760.00 $75.00 $1,650.00 $85.00 $1,870.00 $100.00 $2,200.00 13 Concrete Pavement Repair SY 173 $105.00 $18,165.00 $145.00 $25,085.00 $90.00 $15,570.00 $125.00 $21,625.00 14 Concrete Sidewalk Repair SF 267 $80.00 $21,360.00 $8.00 $2,136.00 $15.00 $4,005.00 $15.00 $4,005.00 15 Remove and Replace Fence (6' Wood)LF 76 $25.00 $1,900.00 $25.00 $1,900.00 $20.00 $1,520.00 $20.00 $1,520.00 16 Remove and Replace Fence (4' Chain link)LF 58 $22.00 $1,276.00 $20.00 $1,160.00 $20.00 $1,160.00 $14.00 $812.00 $369,249.00 $389,218.00 $406,950.00 $621,302.00 $389,218.00 $406,950.00 $621,302.00 BID TABULATION REPORT CRESTDALE SEWER IMPROVEMENTS IN KENNEDALE, TX $369,249.00 Apparent Low Bidder Bid Value Project Item Information Bidlist Item No.Description Total - Base Bid Bid ValueUnit of Measure Bid Quantity PM Construction and Rehab Unit Price Total - Base Bid Excel 4 Construction Unit Price Sapulpa Digging Inc. Unit Price Bid Value Circle C Construction Co. Unit Price Bid Value STAFF REPORT TO THE HONORABLE MAYOR AND CITY COUNCIL Date: January 15, 2019 Agenda Item No: REQUIRED APPROVAL ITEMS (CONSENT) - G. I. Subject: Consider Resolution 546, approving of the sale of 229 S. New Hope to Maria Crespo for the amount of $4,000 II. Originated by: George Campbell, City Manager III. Summary: In the State of Texas, if there are delinquent taxes owed on a piece of real property, the overdue amount becomes a lien and a taxing authority may initiate a foreclosure suit. If the owner does not pay the overdue amounts (or have a valid defense to the foreclosure), the court will enter a judgment and the property will be sold at a public auction to the highest bidder. If the property does not receive at least the minimum bid at a tax auction, it may be “struck off” and ownership deeded to the taxing entity that initiated the suit. Usually, the property is posted for resale at a later date. In 2005, the property at 229 South New Hope Road was "struck-off" to KISD after their attorney filed a delinquent property tax suit. KISD is now in possession of that property, and a bid has recently been submitted for its purchase. All three taxing entities (City, County, ISD) will need to pass a resolution to accept their portion of the proceeds. Upon successful closing of the sale of this property, the City of Kennedale will receive an estimated $3,323.95 and the property will be added back to the ad valorem tax roll. IV. Fiscal Impact Summary: V. Legal Impact: VI. Recommendation: Approve VII. Alternative Actions: Staff recommends approval. VIII. Attachments: 1.4667_001 4667_001.pdf LrxrneaRcpn Goccau Blan a SaupsoN, LLP Arromevs er Le.w 100 Throckmorton, Suite #300 Fort Worth, Texas 76102 817.877,4589 FAX 817.877.0601 September 14,2018 Brian Johnson Attn: George Campbell, City Manager 405 Municipal Drive Kennedale, TX 76060 RE Offer to Purchase Property Struck-Off for Taxes 809355-94/ State of Texas, County of Tarant, et al vs. Sammie B. Joseph Rives Abstract 1260 aka Tract lH; Jesse B Renfro Survey 229 S. New Hope Road; Account No.04105044 Dear Mr. Johnson Enclosed you will find information for the sale of the above mentioned property which was struck off to Kennedale ISD for $9,778.04 at a tax foreclosure sale on August 2, 2005. The total due under the judgment is $5,860.98. The appraised value of the property on the date of Judgment was $10,400 and the current appraised value is $19,500. The bid packet was submitted in the amount of $4,000 by MARIA CRESPO to purchase of the property. Enclosed are the Resolution and the Deed for the Mayor's signature, should the Council consent to the sale. Please consider placing this item on your next agenda for the City Council and advise me regarding the outcome of the Council's vote. If the bid is approved, please forward a copy of the Resolution or the minutes showing approval, as well as the original signed Deed. If you have any questions or need additional information, please contact me at your convenience. Very Meeks Attorney atLaw STM/nr Enclosures Account No: 04105044 Cause No. E09355-94 BIDDER'S INFORMATION SHEET FOR TAX FORECLOSED PROPERTY 229 S. New Hope Abstract 1 260 aka Tract 1 H: Jesse B Renfro Survey Property Address: Property Description: BIDDER'S NAME: ADDRESS: ADDRESS: PHONE #: EMAIL: ("X)- 6140- (oOZq a te a rn $ u,0c0 * Offer: Bidder's intended use of the property:r 3 I am aware that in addition to the above noted offer, I will be responsible for the payment of all post-judgment taxes, penalties & interest ln the amount of $11,479.59 (1997-2005). (lf paid by August 31, 2018) /t+ BID SHEET Cause No. E09355-94 STATE OF TEXAS, COLTNTY, OF TARRANT, ET AL VS. SAMMIE B. JOSEPH RIVES Struck off to Kennedale ISD on August 2,2005 for $9,778.04 Account number: 04105044 Property Description: Abstract 1260 aka Tract lH; Jesse B Renfro Survey Location: 229 S. New Hope Road Buyers: Maria Crespo Intended Use of Property: Maintain/ Investment CURRENTVALUE: $19,500,00 OFFER:$4,000.00 Total Amount of Bid offered: Less Court Costs Tarrant County Kennedale ISD City of Kennedale 1997-2005 TAX YEAR Tarrant County Kennedale ISD City of Kennedale $1,275.10 (21.76%) $3,396.01 (57.94%) $1,189.87 (20.30%) $5,860,98 100.00% $2,401.06 $6,479.15 $2,637.00 $11,517.21 (If paid in September,2018) $4,000.00 $ 616.00 Remaining balance of J3.384.0!Lto be prorated to taxing entities as follows: Judgment Yrs: 1990-1996 Judg Amt ProRata Share of Judg Amt Realized if Bid is accepted $ 736.36 $1,960.69 + $ 686.95 $3,384.00 Post Judgment Amount Due (TO BE PAID IN ADDITION TO BID AMOUNT) RESOLUTION NO. A RESOLUTION OF THE CITY OF KENNEDALEN APPROVING THE SALE OF CERTAIN REAL PROPERTY WHEREAS, CITY OF'KENNEDALE, for itself and the use and benefit Of KENNEDALE INDEPENDENT SCHOOL DISTRICT and TARRANT COUNTY, ET AL has acquired title to a certain tract of real estate at a Tax Sale held on August 212005 in Cause No. E09355-94, State of Texas, County of Tarrant, et al vs. Sammie B. Joseph Rives and WHEREAS, Section 34.05(a), Texas Property Tax Code, authorizes the City of Kennedale by and through its governing body, to resale the property; and WHEREAS, it is in the best interest of the City of Kennedale and its taxpayers to return this property to a productive usel and WHEREAS' an offer has been made by MARIA CRESPO, to purchase the property for the sum of Four Thousand and 00/100 Dollars ($4,000.00) for judgment years 1990-1996; NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Kennedaleo that the Mayor is authorized to sell, convey and transfer that certain tract of real estate acquired at the above described tax sale for the sum of $4,000.00 as authorized by Section 34.05n Texas Property Tax Code. The liens foreclosed by the judgment are extinguished by virtue of the conveyance. TRACT lH, ABSTRACT 1260, JESSE B. RENFRO SURVEY, SITUATED IN THE CITY OF KENNEDALE, TARRANT COUNTY, TEXAS, AND LOCATED WITHIN THE KENNEDALE INDEPENDENT SCHOOL DISTRICT. AS SHOWN BY A DEED OF RECORD IN VOLUME 8786, PAGE 1437 OF THE DEED RECORDS OF TARRANT COUNTY, TEXAS. ACCOUNT NUMBER: 04105044; ALSO KNOWN A5229 S. NEW HOPE ROAD, KENNEDALE, TX 76060 PRESENTED and PASSED this _ day of 2018, by a vote of Ayes and Nays by the City of Kennedale Council, Tarrant County, Texas. BY: Brian Johnson, Mayor ATTEST: BY: Leslie Galloway, City Secretary Notice of confidentiality rights: If you are a natural person, you may remove or strike any or all of the following information from any instrument that transfers an interest in real property before it is filed for record in the public records: your social security number or your driver's license number. TAX RESALE DEED STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS COUNTY OF TARRANT That KENNEDALE INDEPENDENT SCHOOL DISTRICT, CITY OF KENNEDALE, and TARRANT COUNTY, ET AL acting through the presiding officer of its governing body, hereunto duly authorized by resolution and order of each respective governing body which is duly recorded in their official Minutes, hereinafter called grantors, for and in consideration of the sum of $4,000.00, cash in hand paid by MARIA CRESPO 4209 SALEM STREET GRAND PRAIRTE, TX 75052 hereinafter called grantee(s)o the receipt of which is acknowledged and confessed, have quitclaimed and by these presents do quitclaim unto said grantee(s) all of the right, title and interest of grantor and all other taxing units interested in the tax foreclosure judgment against the property herein described, acquired by tax foreclosure sale heretofore held under Suit No. E09355-94, in the district court of said county, said property being located in Tarrant Countyn Texas, and described as follows: TRACT lH, ABSTRACT 1260, JESSE B. RENFRO SURVEY' SITUATED rN THE CITY OF KENNEDALE, TARRANT COUNTY, TEXAS, AND LOCATED WITHIN THE KENNEDALE INDEPENDENT SCHOOL DISTRICT. AS SHOWN BY A DEED OT' RECORD IN VOLUME 8786, PAGE 1437 OF THE DEED RECORDS OF TARRANT COUNTY, TEXAS. ACCOUNT NUMBER: 04105044; ALSO KNOWN AS 229 S. NEW HOPE ROAD, KENNEDALE, TX 76060 TO HAVE AND TO HOLD the said premises, together with all and singular the rights, privileges, and appurtenances thereto in any manner belonging unto the said grantee(s), their heirs and assigns forever, so that neither the grantors, nor any other taxing unit interested in said tax foreclosure judgment, nor any person claiming under it and them, shall at any time hereafter have, claim or demand any right or title to the aforesaid premises or appurtenances, or any part thereof. All liens foreclosed by the judgment are discharged and extinguished by virtue of this conveyance. Post Judgment taxes and any prorated taxes for the present year are to be paid by grantee(s) herein. This deed is given expressly subject to recorded restrictive covenants running with the land, and valid easements of record as of the date of this sale, if such covenants or easements were recorded prior to January I of the year the tax lien(s) arose. This deed is given without any warranty of title. Grantors make no warranties, express or implied, regarding the above described property. IN TESTIMONY WHEREOF CITY OF KENNEDALE has caused these presents to be executed this _ day of ,2018. Brian Johnson Mayor City of Kennedale STATE OF'TEXAS COUNTY OF TARRANT This instrument was acknowledged before me on this - day of 2018, by Brian Johnson, Mayor of City of Kennedale. Printed Name: Notary Public, State of Texas My Commission Expires: BY X x IN TESTIMONY these presents to be executed this day of STATE OF TEXAS COUNTY OF TARRANT SCHOOL DISTRICT has caused ,2018. John President, Board of 'f rustecs Kennedale Independent School District BY x x MThis instrumont was ucknowlcdged beforc me on this day of 2018, by John Hunt, Prcsident, Board of Trustees, Kennedale Indepondcnt School District. ( Fron Printed Name; Notary Public, State of Texas My Commission Expires: JEANETTE FRANKLIN MY Coi{lrlssloil EXPIRES AUGUST 18,2019 STAFF REPORT TO THE HONORABLE MAYOR AND CITY COUNCIL Date: January 15, 2019 Agenda Item No: REQUIRED APPROVAL ITEMS (CONSENT) - H. I. Subject: Discuss and consider approving payment of property taxes on real property owned by the Kennedale Arts and Culture Foundation and authorizing City staff to execute all documents necessary to reinstate the Foundation’s right to transact business and pay filing costs related thereto II. Originated by: George Campbell, City Manager III. Summary: The Arts and Culture Foundation – a non-profit entity – was created by a City Advisory Board of the same name in 2010. The City board has since been abolished. Though the Foundation is a separate entity, it is currently being utilized as a land bank for the City for future grant application purposes. On August 31, 2016, the Foundation authorized acceptance of two land parcels via Resolutions 316 and 318. There are currently delinquent ad valorem (property) taxes owed on these pieces of land in the amount of $14,640.98. As this land is ultimately meant to benefit the City, staff recommends payment of those taxes. Of note, it is possible that this will not be the final amount owed, as the larger tract may have been conveyed from the Foundation to the City in 2016 or 2017, and staff is not yet able to determine if the current amount owed has been calculated to reflect any tax exemption that should have been applied at that time. IV. Fiscal Impact Summary: V. Legal Impact: VI. Recommendation: Approve VII. Alternative Actions: Council authority is requested to pay any tax determined to be due in order to preserve the land for eventual park use and to preserve the Foundation's ability to transact business. Council consideration is respectfully requested. VIII. Attachments: STAFF REPORT TO THE HONORABLE MAYOR AND CITY COUNCIL Date: January 15, 2019 Agenda Item No: DECISION ITEMS - A. I. Subject: Consider appointment of two Utility and Infrastructure Board alternate members pursuant to Ordinance 656 II. Originated by: Leslie Galloway, City Secretary & Communications Coordinator III. Summary: At the Tuesday, December 11, 2018, meeting, the City Council adopted Ordinance 656, adding two alternate places to the Utility and Infrastructure Board. The Council may now consider making appointments to these two newly-created alternate places on the board. UIB Membership PLACE1 Harry Browne PLACE 2 Kenneth Michels PLACE 3 Johnny Trevino, Vice Chair PLACE 4 Jeff Gregory PLACE 5 Tom Newsom PLACE 6 Idin Deljavan, Chair PLACE 7 Mark Perkins PLACE 8 VACANT, Alternate PLACE 9 VACANT, Alternate IV. Fiscal Impact Summary: V. Legal Impact: VI. Recommendation: VII. Alternative Actions: VIII. Attachments: STAFF REPORT TO THE HONORABLE MAYOR AND CITY COUNCIL Date: January 15, 2019 Agenda Item No: DECISION ITEMS - B. I. Subject: Discuss and consider a Resolution of Support for an application to the Texas Department of Housing and Community Affairs (TDHCA) 2019 Housing Credit Program by OM Housing, LLC to partially finance the mixed-use development of The Village at Hammack Creek, located at the northeast corner of East Kennedale Parkway and Kennedale Sublett Road II. Originated by: Melissa Dailey, Director of Planning and Economic Development III. Summary: OM Housing, LLC is proposing a $50 million redevelopment of property located on approximately 16 acres at 133 E. Kennedale Parkway. The development would be a catalyst project for Kennedale Parkway and the central part of the community, and therefore carries more risk than developments that would follow. This risk is commonly mitigated by incentives often provided by cities to attract catalyst projects. However, OM Housing, LLC is proposing the use of Federal Housing Tax Credits to mitigate this risk on the development, which would provide 9% of the financing for the development. These tax credits are provided to the developer directly and require maximum rent amounts for residents that earn up to 60% of AMFI (Area Median Family Income). This development would include 144 multi-family homes for which the housing tax credits would apply. Additionally, 16 market-rate townhomes, 31,000 square feet of retail, and 7,500 square feet of office space would be developed. The developer plans to utilize Urban Village zoning, which has significant development requirements to ensure the plan is based on a human-scale with public realm amenities in a walkable community. These new homes with maximum rents would provide for quality workforce housing in a vibrant neighborhood. Many who work in Kennedale would have this high-quality housing option that is affordable for their wages. A one bedroom apartment, for example, would have a maximum rent of $846. A mixed-use development of this size will help move additional development in the area forward on what is now vacant or underutilized land, and will also provide synergy needed to draw people and tenants to TownCenter. It would help Kennedale make significant progress on a key goal in the 2012 Comprehensive Plan – Create vibrant centers by promoting social integration and economic activity through the development of different-scale centers throughout the community. Additionally, the Comprehensive Plan calls for promoting access to housing, including housing options for people of varying financial means and residential preferences. Promoting access to jobs by creating job opportunities in Kennedale that help stabilize the local tax base and allow residents to work close to home is also a key goal in the comprehensive plan that this development helps to achieve. IV. Fiscal Impact Summary: V. Legal Impact: VI. Recommendation: Approve VII. Alternative Actions: Staff recommends approval of OM Housing, LLC’s request for support of their application for Housing Tax Credits. VIII. Attachments: 1.R543 VAHC Resolution of Support R543 VAHC Resolution of Support.pdf 2.Village at Hammack Creek Presentation from Previous Meeting OM Housing Presented to Council December 11, 2018.pdf Resolution No. 543 City of Kennedale Resolution Supporting OM Housing’s Application for Housing Tax Credits for the proposed Village at Hammack Creek project WHEREAS, OM Housing, LLC, has proposed The Village at Hammack Creek - a mixed use development for high quality, eco-friendly, retail, office, and rental apartments at 133 Kennedale Parkway in City of Kennedale; and WHEREAS, the naming of the proposed project as “Hammack” is reflective of Kennedale history – D. J. A. Hammack and the tributary located on the site; and WHEREAS, OM Housing, LLC, intends to submit an application to the Texas Department of Housing and Community Affairs (TDHCA) for 2019 Housing Credit Program to partially finance the development of The Village at Hammack Creek; and WHEREAS, The Village at Hammack Creek project will be required to comply with all City zoning and site development regulations/standards, prior to issuance of any building permits; and WHEREAS, the proposed Village at Hammack Creek will be required to be consistent with the Kennedale Comprehensive Plan, to be an Eco-Friendly facility, and be architecturally compatible with the TownCenter. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KENNEDALE, TEXAS: This resolution affirms the City of Kennedale’s acknowledgement and support of the application for the Village at Hammack Creek subject to the provisions noted in the preamble. PASSED AND APPROVED by the City Council of the City of Kennedale, Texas, on this 11th day of December, 2018. ______________________________ Brian Johnson, Mayor Attest: ___________________________ Leslie Galloway, City Secretary •OM HOUSING •Formed 2005 •Focuses on high quality LEED Certified developments. •Britain Way Apartments, Irving,Tx –LEED Gold 2013 •Parc East Apartments,Mesquite, Tx –LEED Gold 2015 •Boston Heights Apartments, Benbrook,Tx –LEED Gold 2018 •Lakeview Pointe Apartments,Garland, Tx –To be LEED GOLD •Local Award Winning Team,NOT A MERCHANT DEVELOPER and NO ABSENTEE OWNERSHIP! Village at Hammock Creek OWNER / DEVELOPER NEW YORK, TIME SQUARE Village at Hammock Creek DEVELOPMENT TEAM •BGO Architects •1 Million + apartment homes •40+ Years experience •Alpha-Barnes –Property Management •22,800+ units •Experienced team since 1967 •KWA Construction –General Contractor •One of Country’s top General Contractors •10,000+ units •Since 2004 •US Eco-Logic –Green Building Services Provider •Largest provider or energy efficiency / green building services in the world. •Since 1966 •Local Award Winning Team, NOT A MERCHANT DEVELOPER! Village at Hammock Creek ECONOMIC DEVELOPMENT •EXTEND infrastructure, REDUCE land cost on other uses, RECLAIM flood plain, PROVIDE needed retail/housing, help SPUR economic development, all while being ENVIRONMENTALLY SENSITIVE. •New Extended infrastructure / discounted land cost will reduce cost basis on other uses. •Build-ready retail pads at reduced costs will attract quality retail stores. •Involve Kennedale Chamber of Commerce for construction bidding •High quality affordable housing will attract future employers. Village at Hammock Creek LEED / NATIONAL GREEN BUILT •Project will include current LEED / National Green Built Design standards •Exceeds Kennedale Energy Code •Mandatory 15% improvement in energy use •Minimum 15% better water efficiency •20% reduction in water use •Better landscape with water efficiency •Increased wall insulation •Mandatory requirement to provide Energy Star bath/kitchen fan for mold control •Higher standards for air filtration Village at Hammock Creek professional MANAGEMENT •Professional Management •Full time on-site staff for management / maintenance •Stringent applicant screening criteria •HD Cameras distributed throughout the site •CPTED Design Standards •Perimeter fencing with controlled access gates •1 key fob per adult, not to exceed 2 per unit •1 car sticker per adult, not to exceed 2 per unit •Required $350/unit/annum replacement reserve for long-term maintenance and capital improvements to ensure project will not fall into disrepair. Village at Hammock Creek IMPACT ON INFRASTRUCTURE •Eco-Friendly –reduced impact on electricity, water/sewer; will preserve existing trees and ecological system. •Walkable community with Multi -modal transportation reduces burden on roads. •Stringent applicant screening criteria •59% of residents locate from one Zip Code away, thus reduced impact on ISD. CPTED Design Standards •Organized quality and influx of growth. Village at Hammock Creek REQUEST TO CITY •Resolution of Support STAFF REPORT TO THE HONORABLE MAYOR AND CITY COUNCIL Date: January 15, 2019 Agenda Item No: EXECUTIVE SESSION - A. I. Subject: Discuss proposed contract to purchase potable water from the City of Arlington and contract to transfer the operation and maintenance of the Kennedale water and sewer systems to the City of Arlington II. Originated by: III. Summary: IV. Fiscal Impact Summary: V. Legal Impact: VI. Recommendation: VII. Alternative Actions: VIII. Attachments: STAFF REPORT TO THE HONORABLE MAYOR AND CITY COUNCIL Date: January 15, 2019 Agenda Item No: EXECUTIVE SESSION - B. I. Subject: Discuss pending legal matters regarding Ron Sturgeon vs. City of Kennedale II. Originated by: III. Summary: IV. Fiscal Impact Summary: V. Legal Impact: VI. Recommendation: VII. Alternative Actions: VIII. Attachments: STAFF REPORT TO THE HONORABLE MAYOR AND CITY COUNCIL Date: January 15, 2019 Agenda Item No: EXECUTIVE SESSION - C. I. Subject: Discussion of City Manager's Annual Evaluation II. Originated by: III. Summary: IV. Fiscal Impact Summary: V. Legal Impact: VI. Recommendation: VII. Alternative Actions: VIII. Attachments: