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2019_07.16 CC Packet KENNEDALE CITY COUNCIL AGENDA REGULAR MEETING | JULY 16, 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 Texas Government Code §551.071, the City Council reserves the right to adjourn into Executive Session at any time during the Work Session or the Regular Session to discuss posted Executive Session items or to seek legal advice from the City Attorney on any item posted on the agenda. II. WORK SESSION A. Review the 2019 Board and Commission appointment process and calendar B. Discuss and provide staff direction regarding the possible issuance of $2,000,000 of tax notes for capital projects C. 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 AND CITIZEN FORUM At this time, any person may address the City Council, provided that a ‘Speaker Request Form’ is submitted to the City Secretary before the meeting begins. Speakers are allotted three (3) minutes, must limit their comments to the subject indicated on the submitted form, and should address the Council as a whole, rather than individual Councilmembers or staff. No formal action or discussion may be taken at this time. Those wishing to speak about an agenda item should indicate as much on the “Speaker Request Form” and will be called upon to speak when the Council considers that item. VIII. REPORTS AND ANNOUNCEMENTS In addition to any items listed below, the Mayor and Councilmembers may give or receive reports regarding items of community interest, including, but not limited to, recognition of officials, citizens, staff, or departments; information regarding holiday schedules; and upcoming or attended events. A. Updates from the City Council B. Updates from the Mayor • Recognition of 2018-19 YAC members C. Updates from the City Manager • CDBG Community Needs Survey available through July 30 IX. INCIDENTAL ITEMS X. MONITORING INFORMATION A. Monthly Financials for June 2019 B. KEDC Financial Report for May 2019 XI. REQUIRED APPROVAL ITEMS (CONSENT) Consent items are matters that have appeared on previous agendas, require little or no deliberation, or are considered routine. If discussion is desired, any item may be removed from Consent and considered separately. A. Approval of the minutes from the June 20, 2019 Regular Meeting B. Approval of tax collection contract with the Tarrant County Tax Office C. Approval of an Interlocal Agreement with Tarrant County in the amount of $7,500.00 for roadside ditch line maintenance of selected streets and any other minor drainage needs that may arise during the project time period XII. DECISION ITEMS A. Consider making appointments to the 2019-2020 Youth Advisory Council (YAC) B. Consider making appointments to various advisory boards and commissions, including the TownCenter Development District (TDD) Board, the Tax Increment Reinvestment Zone #1 (TIRZ) Board, and the Parks & Recreation Board C. Consider authorizing the City Manager to enter into a contract with ABLe Communications for improvements to the Council Chambers audiovisual equipment D. Hold a public hearing and consider a request by ODAAT 52, LLC for a variance at 1375 Gilman Road to sell alcoholic beverages within 300 feet of a church, public or private school, or public hospital as required by Municipal Code, Article XI, Section 11.274 E. Case #PZ19-02 — Hold a public hearing and consider an ordinance and request by Spirals Gymnastics, Inc. for a rezoning from "PD-UV" Planned Development Urban Village to "UV" of approximately 2 acres at 1083 Bowman Springs Road, Block 1, Lot 19R, Woodlea Acres Addition, City of Kennedale, Texas F. Case #PZ19-03 — Hold a public hearing and consider an ordinance and request by Water Tank Services, LLC for a modification to the "PD" Planned Development, Ordinance 561, Section 2.7 related to building materials at 6901 Mansfield Cardinal Road, Lot 4, Jesse Russell Addition, City of Kennedale, Texas G. Case #PZ19-04 — Hold a public hearing and consider an ordinance and request by KD Hammack Creek Housing, LP for a rezoning from “AG” Agricultural to “UV” Urban Village for approximately 12 acres located at 406 Crestview Drive, Block 2, Lot 1, Hammack Creek Addition, 121 E Kennedale Parkway, Block 2, Lot 2, Hammack Creek Addition, 129 E. Kennedale Parkway, Block 2, Lot 3, Hammack Creek Addition, 220 Kennedale Sublett Rd, Block 2, Lot 4, Hammack Creek Addition, 337 Kennedale Sublett Road, Jesse B Renfro Survey, Abstract 1260, Tract 3D, and 345 Kennedale Sublett Road, Jesse B Renfro Survey, Abstract 1260, Tract 3D01, City of Kennedale, Tarrant County, Texas H. Consider approval of Ordinance 665, amending Chapter 15 “Nuisances” of the Kennedale Municipal Code to add regulations regarding residential outdoor storage I. Consider approval of Ordinance 666, amending Chapter 11 “Licenses, Taxation and Miscellaneous Business Regulations” of the Kennedale Municipal Code to add regulations regarding short-term rentals 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. Discussion with the City Attorney regarding settlement agreement between Ron Sturgeon, et al and the City of Kennedale B. Discussion with the City Attorney regarding salvage yard special exception/special use permits C. Discussion with the City Attorney regarding an early termination and release agreement with Global Water Management, LLC D. Discussion with City Attorney regarding legal issues associated with Economic Development and Performance Agreement, Tax Abatement, and Chapter 380 Agreement with Compressed Air Systems for project located at Harris Corporation Addition, Block 1 Lot 1A2 (Linda Road) Pursuant to Section 551.087 – (1) deliberation regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations; or (2) to deliberate the offer of a financial or other incentive to a business prospect described by Subdivision (1): E. Economic Development and Performance Agreement, Tax Abatement, and Chapter 380 Agreement with Compressed Air Systems for project located at Harris Corporation Addition, Block 1 Lot 1A2 (Linda Road) XIV. RECONVENE INTO OPEN SESSION, AND TAKE ACTION NECESSARY PURSUANT TO EXECUTIVE SESSION, IF NEEDED XV. ADJOURNMENT CERTIFICATION I DO HEREBY CERTIFY THAT THE JULY 16, 2019 KENNEDALE CITY COUNCIL AGENDA WAS POSTED INSIDE THE MAIN ENTRANCE OF CITY HALL (405 MUNICIPAL DRIVE), IN A PLACE CONVENIENT AND READILY ACCESSIBLE TO THE GENERAL 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 E. GALLOWAY, CITY SECRETARY In compliance with the Americans with Disabilities Act (ADA), 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 by calling 817-985-2104 or (TTY) 1-800-735-2989. STAFF REPORT TO THE HONORABLE MAYOR AND CITY COUNCIL Date: July 16, 2019 Agenda Item No: WORK SESSION - A. I. Subject: Review the 2019 Board and Commission appointment process and calendar II. Originated by: Leslie E. Galloway, City Secretary & Communications Coordinator III. Summary: Staff is proposing the following dates for the board appointment process. There is a calendar attached as well as a list of the current memberships of each board with expiring terms and vacancies highlighted. PROPOSED CALENDAR FOR BOARD APPOINTMENTS July 1: Applications become available July 5: First Notification: newsletter, website, and social media July 17: Notify current members with expiring terms July 31: Notice due from expiring members regarding continuation of service August 1: Second Notification: newsletter, website, and social media August 30: Third Notification: newsletter, website, and social media September 30: APPLICATIONS DUE October 8 –9: Interviews with Council October 15: Official appointments made at regular Council Meeting (Including Work Session item to allow time for discussion) October 16: Applicants notified of Council’s decisions October 21: New board members’ terms begin (slight delay proposed due to the P&Z Meeting scheduled two days after Council’s Regular October meeting) Council direction, particularly regarding the interview dates, is respectfully requested. IV. Fiscal Impact Summary: V. Legal Impact: VI. Recommendation: VII. Alternative Actions: VIII. Attachments: 1.Board Appointment Calendar Proposal Board Appointment Calendar.pdf 2.Board Membership and Applications Board Membership and Applications.pdf 1MoApplications Available 1Th Second Notification Newsletter | Website | Social Media 1Su 1Tu 2Tu 2Fr 2MoLabor Day 2WeParks Meeting 3WeParks Meeting 3Sa 3Tu 3Th 4Th Independence Day 4Su 4WeParks Meeting 4Fr 5Fr First Notification Newsletter | Website | Social Media 5Mo 5Th COUNCIL: PUBLIC HEARING ON BUDGET/TAX (7:00 PM)5Sa 6Sa 6Tu 6Fr 6Su 7Su 7WeParks Meeting 7Sa 7Mo 8Mo 8Th COUNCIL SPECIAL WORK SESSION: BUDGET WORKSHOP (5:30 PM)8Su 8Tu KKB Meeting (Conf. Room) PROPOSED WORK SESSION: BOARD INTERVIEWS (5:00 PM) 9Tu KKB Meeting (Conf. Room)9Fr 9Mo 9We PROPOSED WORK SESSION: BOARD INTERVIEWS (5:00 PM) 10 We 10 Sa 10 Tu KKB Meeting (Conf. Room)10 Th 11 Th 11 Su 11 We 11 Fr 12 Fr 12 Mo 12 Th 12 Sa 13 Sa 13 Tu KKB Meeting (Conf. Room)13 Fr COUNCIL SPECIAL MEETING: PUBLIC HEARING ON TAX (IF NEEDED) (2:00 PM) 13 Su 14 Su 14 We 14 Sa 14 Mo 15 Mo 15 Th P&Z Meeting 15 Su 15 Tu COUNCIL REGULAR MEETING APPOINT BOARD MEMBERS 16 Tu COUNCIL REGULAR MEETING 16 Fr 16 Mo 16 We Applicants Notified of Council's Decisions 17 We Notify Current Members with Expiring Terms 17 Sa 17 Tu COUNCIL REGULAR MEETING (APPROVE BUDGET/TAX RATE)17 Th P&Z Meeting 18 Th 18 Su 18 We 18 Fr 19 Fr 19 Mo 19 Th P&Z Meeting 19 Sa 20 Sa 20 Tu COUNCIL REGULAR MEETING 20 Fr 20 Su 21 Su 21 We 21 Sa 21 Mo New Board Members' Terms Begin 22 Mo 22 Th 22 Su 22 Tu EDC Meeting 23 Tu 23 Fr 23 Mo 23 We 24 We 24 Sa 24 Tu EDC Meeting 24 Th 25 Th 25 Su 25 We 25 Fr 26 Fr 26 Mo 26 Th 26 Sa 27 Sa 27 Tu EDC Meeting 27 Fr 27 Su 28 Su 28 We 28 Sa 28 Mo 29 Mo 29 Th 29 Su 29 Tu 30 Tu 30 Fr Third Notification Newsletter | Website | Social Media 30 Mo APPLICATIONS DUE 30 We 31 We Notice due from expiring members regarding continuation of service 31 Sa 31 Th JULY AUGUST SEPTEMBER OCTOBER 2019 Board Appointment Calendar Proposal JULY AUGUST SEPTEMBER OCTOBER (Places in RED are expiring or vacant.)BOATERMENDSPLACE MEMBER20191 Eric Elam20202Jeff NevarezChairAppointed May 201920193 Perry Clementi20204 Martin Young20195 Lana Sather20206*Kelli RodAlternate20197*Josh VirnocheAlternate20208*Thelma KobeckAlternate20199*Azam ShaikhAlternate*These Places Serve as AlternatesBoard of Adjustment/Building Board of AppealsNOTES (Places in RED are expiring or vacant.)EDCTERMENDSPLACE MEMBER20191 Johnny Trevino20202 Cesar Guerra20193VACANT(was Ron Whitley)20204 Darold Tippey20195 Robert Mundy20206Mark YearyPresident20197 April ColtharpEconomic Development CorporationNOTESAppointed May 2019 (Places in RED are expiring or vacant.)KKBTERMENDSPLACE MEMBER20191 Cesar Guerra20202 Darlene Winters20193 Vinita Thomas20204VACANT(was Michael Chandler, Chair)20195 Wilda Turner20206 Kenneth Michels20197 Linda Miller20208Laurie SandersVice Chair20199 Lauren WarnKeep Kennedale Beautiful CommissionNOTES (Places in RED are expiring or vacant.)LIBRARYTERMENDSPLACE MEMBER20191 Susan Reed Dalrymple20202 Josh Virnoche20193 Stan Seat20204 Troy Brannon20195 Donald RaweLibrary BoardNOTESAppointed November 2018 (Places in RED are expiring or vacant.)PARKSTERMENDSPLACE MEMBER20191 David Deaver, Chair20202 Jeff Nevarez20193VACANT(was Michael Chandler)20204 Gary Swan20195 Phil Wallace20206 Josh Hayes20197 Donald Spikes Parks & Recreation BoardNo attendance nor response to staff's attempts to contactNOTES (Places in RED are expiring or vacant.)P&ZTERMENDSPLACE MEMBER20191 Greg Adams20202Martha DibellaChair20193 Bob Gruenhagen20204 Kayla Hughes20195 Sheldon Gerron20206 Billy Don Gilley20197 John Hivale20208Brent JonesAlternate20199Allen RayAlternate*These Places Serve as AlternatesPlanning & Zoning CommissionNOTESAppointed May 2019Appointed May 2019 (Places in RED are expiring or vacant.)TIRZTERMENDSPLACE MEMBER NOTES REPRESENTING20191 Darold TippeyCity of Kennedale20202 Bruce CatesCity of Kennedale20193VACANT(was Lary Adkins)City of Kennedale20204 Rockie GilleyCity of Kennedale20195 Jeni McGarryTarrant County20206 Scott RuleTarrant County Hospital District20197 Mark McClendonTarrant County College DistrictAppointed by Taxing UnitTax Increment Reinvestment Zone #1 Board (Places in RED are expiring or vacant.)TDDTERMENDSPLACE MEMBER NOTESQUALIFYING PLACE20191EDC PresidentMark YearyAutomatic Appointment of EDC President EDC President20202VACANT(was Mark Yeary)Must be EDC Board MemberEDC Board Member20193MayorBrian JohnsonAutomatic Appointment of Mayor Mayor20204Mayor Pro TemSandra LeeMust be Councilmember Councilmember20195VACANT(was Rockie Gilley)Must be Councilmember CouncilmemberTownCenter Development District Board (Places in RED are expiring or vacant.)UIBTERMENDSPLACE MEMBER20191 Harry Browne20202 Kenneth Michels20193Johnny TrevinoVice Chair20204 Jeff Gregory20195 Tom Newsom20206Idin DeljavanChair20197 Mark Perkins20208*Amy CatesAlternate20199*VACANTAlternate*These Places Serve as AlternatesUtility & Infrastructure BoardNOTES NOTES APPLIED FORParksBOA/BBAEDC; P&ZParks; P&ZLibrary; KKBEDC; TDD; TIRZUIBParksTDD; TIRZBOA/BBA; P&ZAnn BeckPerry ClementiDavid GreenHeather HicksJan JoplinBo MassengillKenneth MichelsRobert MundyPatrick VaderAustin DegenhartAPPLICATIONS RECEIVED AS OF 07.12.2019 STAFF REPORT TO THE HONORABLE MAYOR AND CITY COUNCIL Date: July 16, 2019 Agenda Item No: WORK SESSION - B. I. Subject: Discuss and provide staff direction regarding the possible issuance of $2,000,000 of tax notes for capital projects II. Originated by: Lakeita Sutton, Director of Finance and Information Technology 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: July 16, 2019 Agenda Item No: WORK SESSION - C. I. Subject: Discussion of items on the regular agenda II. Originated by: Leslie E. Galloway, City Secretary & Communications Coordinator 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: July 16, 2019 Agenda Item No: REPORTS AND ANNOUNCEMENTS - A. I. Subject: Updates from the City Council II. Originated by: Leslie E. Galloway, City Secretary & Communications Coordinator III. Summary: Updates and information from each of the Councilmembers, 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: July 16, 2019 Agenda Item No: REPORTS AND ANNOUNCEMENTS - B. I. Subject: Updates from the Mayor • Recognition of 2018-19 YAC members II. Originated by: III. Summary: Updates and information from Mayor Brian Johnson, if any. Recognition of 2018-19 Youth Advisory Council (YAC) Members Leland Murphy, Chair (KHS Class of 2019) Quincy Martin, Vice Chair (KHS Senior, reapplied)  Kayla Guevara, Secretary (KHS Senior, reapplied) Hannah Stephens, Historian (KHS Class of 2019) Christianah Adejokun (Summit International Preparatory Class of 2019) Allen Constantino (KHS Senior, reapplied)  Allie Murphy (KHS Junior, reapplied) Riya Patel (Fort Worth Country Day Senior, reapplied) Ryan Roller (KHS Senior, reapplied) McKendry Walsh (KHS Class of 2019) IV. Fiscal Impact Summary: V. Legal Impact: VI. Recommendation: VII. Alternative Actions: VIII. Attachments: STAFF REPORT TO THE HONORABLE MAYOR AND CITY COUNCIL Date: July 16, 2019 Agenda Item No: REPORTS AND ANNOUNCEMENTS - C. I. Subject: Updates from the City Manager • CDBG Community Needs Survey available through July 30 II. Originated by: George Campbell, City Manager 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: July 16, 2019 Agenda Item No: MONITORING INFORMATION - A. I. Subject: Monthly Financials for June 2019 II. Originated by: Lakeita Sutton, Director of Finance and Information Technology III. Summary: Monthly financials and sales tax update as produced by the Finance Department. IV. Fiscal Impact Summary: V. Legal Impact: VI. Recommendation: VII. Alternative Actions: VIII. Attachments: 1.6-REVENUE SUMMARY BY FUND 6-REVENUE SUMMARY BY FUND.pdf 2.6-EXPENDITURE SUMMARY BY DEPT 6-EXPENDITURE SUMMARY BY DEPT.pdf 3.6-2019 SALES TAX COMPARISON 6-2019 SALES TAX COMPARISON.pdf STAFF REPORT TO THE HONORABLE MAYOR AND CITY COUNCIL Date: July 16, 2019 Agenda Item No: MONITORING INFORMATION - B. I. Subject: KEDC Financial Report for May 2019 II. Originated by: Lakeita Sutton, Director of Finance and Information Technology III. Summary: Reports from the previous EDC meeting are attached for your reference. IV. Fiscal Impact Summary: V. Legal Impact: VI. Recommendation: VII. Alternative Actions: VIII. Attachments: 1.Sales Tax Update-EDC May Sales Tax Update-EDC May.pdf 2.2019_05 Monthly Financials - EDC 2019_05 Monthly Financials - EDC.pdf Year October November December January February March April May June July August September Total FY2019 31,048$ 38,680$ 39,362$ 88,360$ 45,433$ 36,033$ 34,603$ 46,432$ -$ -$ -$ -$ 359,951$ FY2018 34,607$ 38,169$ 28,985$ 31,808$ 54,501$ 31,672$ 41,253$ 43,121$ 36,295$ 41,089$ 39,590$ 29,697$ 450,787$ FY2017 29,583$ 38,719$ 27,285$ 29,652$ 35,265$ 26,215$ 29,043$ 33,374$ 26,747$ 33,648$ 16,530$ 28,850$ 354,908$ FY2016 31,046$ 39,712$ 32,662$ 25,293$ 38,669$ 29,196$ 26,505$ 38,181$ 27,906$ 28,195$ 29,231$ 30,459$ 377,055$ FY2015 23,985$ 31,479$ 27,515$ 24,594$ 35,857$ 24,104$ 27,064$ 39,783$ 42,821$ 55,252$ 48,766$ 59,232$ 440,453$ FY2014 21,990$ 29,867$ 31,661$ 22,458$ 32,594$ 23,228$ 26,412$ 31,319$ 25,832$ 23,976$ 28,866$ 22,659$ 320,861$ FY2013 33,617$ 31,297$ 23,446$ 20,135$ 30,003$ 20,791$ 20,318$ 32,020$ 21,136$ 22,435$ 27,973$ 26,025$ 309,197$ *Net payment after correcting an audit error.-$ Industry Amount % Change Adjusted ChangYTD FYTD General Services $10,927.54 -18.39%-19.72%$37,412.83 $64,142.78 Manufacturing $9,213.79 275.34%48.42%$42,692.19 $65,526.70 Retail $8,719.89 -6.05%-0.69%$42,882.03 $66,533.06 Professional Services $5,991.75 12.64%46.68%$27,555.38 $45,875.27 Wholesale $5,892.16 1.89%33.39%$30,324.33 $47,228.67 Food $3,761.05 56.84%7.95%$15,038.09 $23,842.41 Agricultural $1,473.58 -60.89%-29.18%$57,783.86 $50,043.17 Miscellaneous $461.94 491.38%0.78%$771.29 $1,051.06 Accommodation $0.00 0.00%0.00%$0.00 $0.00 Sales Tax By Month 0 10,000 20,000 30,000 40,000 50,000 60,000 70,000 80,000 90,000 100,000 October November December January February March April May June July August September Sales Tax vs Expectation FY 2019 Five Year Average 1 CITY OF KENNEDALE ANNUAL PROGRAM OF SERVICES May 2019 "YOU'RE HERE. YOUR HOME." Budget Amendment Monthly Information 1. $46,616 Sales Tax larger than 5 year average 2. Working to determine cash reserves 3. Fund has cash flexibility 4. EDC director engaged in long-term planning, including relationship with Chamber, hotel status, Red's Roadhouse, and development deals Brady Olsen ADDITIONAL INFORMATION FUND 15- OPERATING FUND (ALL BILLS AND REVENUE RECEIVED IN THIS FUND) FUND 19- CAPITAL BOND FUND (REMAINING CAPITAL MONEY) FUND 95- RESERVE FUND FOR DEBT REQUIREMENTS ECONOMIC DEVELOPMENT CORPORATION FINANCIALS SUMMARY Rental Fees, MMD Tax and Rental Insurance are reported on the Accrual Basis of Accounting, while all other revenues and expenditures are reported on the Cash Basis. This procedure has been in effect for several years, but can be changed should the Board wish. 2 CITY OF KENNEDALE ANNUAL PROGRAM OF SERVICES May 2019 "YOU'RE HERE. YOUR HOME." EDC CASH POSITION FY18-19 CATEGORY DESCRIPTION YTD FROM PREVIOUS MONTHS REPORT: BEGINNING CASH BALANCE - FUND 15 (Operating Cash)205,633$ BEGINNING TEXPOOL BALANCE - FUND 15 (Operating Investments)-$ BEGINNING TEXPOOL BALANCE - FUND 19 (Unspent bond proceeds)-$ BEGINNING CASH BALANCE - FUND 95 (Required reserves)123,490$ BEGINNING CASH BALANCE - TOTAL 329,123$ BEGINNING AVAILABLE CASH - TOTAL 205,633 TOTAL REVENUES MINUS EXPENDITURES FOR MONTH 32,383$ * ENDING CASH BALANCE - FUND 15 (Operating Cash)225,910$ ENDING TEXPOOL BALANCE - FUND 15 (Operating Investments)-$ ENDING TEXPOOL BALANCE - FUND 19 (Unspent bond proceeds)-$ ENDING CASH BALANCE - FUND 95 (Required reserves)123,731$ ENDING CASH BALANCE - TOTAL 349,641$ UNAVAILABLE CASH - EARMARKED RESERVES FOR LEVERAGE NOTE (Required reserves)123,731$ TOTAL UNAVAILABLE CASH 123,731$ AVAILABLE CASH 225,910$ *Due to prior period adjustments, beginning cash balance plus monthly income will not always be an exact match for ending cash balance 3 CITY OF KENNEDALE ANNUAL PROGRAM OF SERVICES May 2019 "YOU'RE HERE. YOUR HOME." COMBINED EDC4B FUNDS SUMMARY FY17-18 FY17-18 FY18-19 CURRENT FY18-19 % OF PY ACTUAL % OF CY BUDGET BUDGET CATEGORY YTD ACTUAL ADOPTED MONTH YTD USED USED REMAINING BEGINNING FUND BALANCE 313,866$ 313,866$ 134,784$ 303,248$ AD VALOREM TAXES - - 35,000 - - #DIV/0!0.0%35,000 SALES/BEVERAGE TAXES 230,215 447,132 384,598 46,616 293,835 51.5%76.4%90,763 INVESTMENT EARNINGS 2,835 5,399 65 662 5,756 52.5%8854.9%(5,691) MISCELLANEOUS INCOME 27,574 66,420 24,120 3,003 23,396 41.5%97.0%724 SURPLUS SALES/RENTALS 415,888 487,579 185,969 18,814 151,035 85.3%81.2%34,934 TRANSFERS - - 29,719 - - 0.0%0.0%- TOTAL REVENUES 676,512$ 1,006,531$ 659,471$ 69,096$ 474,021$ 67.2%71.9%155,731$ SUPPLIES - - 2,100 - - #DIV/0!0.0%2,100 MAINTENANCE 278,046 237,161 29,920 6,030 35,668 117.2%119.2%(5,748) SUNDRY 109,974 183,614 187,460 20,665 127,569 59.9%68.1%59,891 DEBT 153,209 172,418 165,607 10,017 150,621 88.9%91.0%14,986 TRANSFERS 67,588 152,588 184,544 - - 44.3%0.0%184,544 CAPITAL 163,362 237,866 - - 5,738 68.7%#DIV/0!(5,738) TOTAL EXPENDITURES 772,179$ 983,646$ 569,631$ 36,712$ 319,596$ 78.5%56.1%250,035$ REVENUES OVER EXPENDITURES (95,667)$ 22,885$ 89,840$ 32,383$ 154,425$ ENDING FUND BALANCE 218,199$ 336,751$ 224,624$ 457,673$ FUND BALANCE AS % OF EXP 28.3%34.2%39.4%0.0%143.2% RESERVE ($115,000) REQUIREMENT)-$ -$ 115,000$ -$ -$ RESERVE SURPLUS/(SHORTFALL)218,199$ 336,751$ 109,624$ -$ 457,673$ 4 CITY OF KENNEDALE ANNUAL PROGRAM OF SERVICES May 2019 "YOU'RE HERE. YOUR HOME." 15: EDC4B FUND FY17-18 FY17-18 FY18-19 CURRENT FY18-19 % OF PY ACTUAL % OF CY BUDGET BUDGET CATEGORY YTD ACTUAL ADOPTED MONTH YTD USED USED REMAINING BEGINNING FUND BALANCE 164,460$ 164,460$ (15,517)$ 152,017$ AD VALOREM TAXES - - 35,000 - - #DIV/0!0.0%35,000 SALES/BEVERAGE TAXES 230,215 447,132 384,598 46,616 293,835 51.5%76.4%90,763 INVESTMENT EARNINGS 1,816 3,574 65 421 4,024 50.8%6191.1%(3,959) MISCELLANEOUS INCOME 27,574 66,420 24,120 3,003 23,396 41.5%97.0%724 SURPLUS SALES/RENTALS 415,888 487,579 185,969 18,814 151,035 85.3%81.2%34,934 TOTAL REVENUES 675,493$ 1,004,706$ 629,752$ 68,854$ 472,290$ 67.2%75.0%157,462$ SUPPLIES - - 2,100 - - #DIV/0!0.0%2,100 MAINTENANCE 278,046 237,161 29,920 6,030 35,668 117.2%119.2%(5,748) SUNDRY 109,974 183,614 187,460 20,665 127,569 59.9%68.1%59,891 DEBT 153,209 172,418 165,607 10,017 150,621 88.9%91.0%14,986 TRANSFERS 67,588 152,588 154,825 - - 44.3%0.0%154,825 CAPITAL 163,362 237,866 - - 5,738 68.7%#DIV/0!(5,738) TOTAL EXPENDITURES 772,179$ 983,646$ 539,912$ 36,712$ 319,596$ 78.5%59.2%220,316$ REVENUES OVER EXPENDITURES (96,685)$ 21,060$ 89,840$ 32,142$ 152,694$ ENDING FUND BALANCE 67,775$ 152,017$ 74,323$ 304,711$ FUND BALANCE AS % OF EXP 8.8%15.5%13.8%0.0%95.3% RESERVE (NO REQUIREMENT)-$ -$ -$ -$ -$ RESERVE SURPLUS/(SHORTFALL)67,775$ 152,017$ 74,323$ -$ 304,711$ 5 CITY OF KENNEDALE ANNUAL PROGRAM OF SERVICES May 2019 "YOU'RE HERE. YOUR HOME." 15: EDC4B FUND FY17-18 FY17-18 FY18-19 CURRENT FY18-19 % OF PY ACTUAL % OF CY BUDGET BUDGET ACCOUNT ACCOUNT NAME YTD ACTUAL ADOPTED MONTH YTD USED USED REMAINING 4002-00-00 MMD TAX-CURRENT YEAR - - 35,000 - - #DIV/0!0.0%35,000 AD VALOREM TAXES -$ -$ 35,000$ -$ -$ #DIV/0!0.0%35,000$ 4081-00-00 SALES TAX 230,215 447,132 384,598 46,616 293,835 51.5%76.4%90,763 SALES/BEVERAGE TAXES 230,215$ 447,132$ 384,598$ 46,616$ 293,835$ 51.5%76.4%90,763$ 4401-00-00 INVESTMENT INCOME 1,816 3,574 65 421 4,024 50.8%6191.1%(3,959) INVESTMENT EARNINGS 1,816$ 3,574$ 65$ 421$ 4,024$ 50.8%6191.1%(3,959)$ 4409-00-00 MISCELLANEOUS INCOME 27,574 36,624 24,120 3,003 23,396 75.3%97.0%724 4415-00-00 INSURANCE REIMBURSEMENTS - 14,898 - - - 0.0%0.0%- MISCELLANEOUS INCOME 27,574$ 66,420$ 24,120$ 3,003$ 23,396$ 41.5%97.0%724$ 4805-00-00 RENTAL FEES-SHOPPING CENTER 66,709 105,856 185,223 18,814 151,035 63.0%81.5%34,188 4806-00-00 RENTAL INSURANCE - 2,350 746 - - 0.0%0.0%746 4902-00-00 PROCEEDS-DEBT/LOAN/LEASE - 30,194 - - - 0.0%#DIV/0!- 4884-00-01 SALE OF ASSETS 349,179 349,179 - - - 100.0%#DIV/0!- SURPLUS SALES/RENTALS 415,888$ 487,579$ 185,969$ 18,814$ 151,035$ 163.0%#DIV/0!34,934$ TOTAL REVENUES 675,493$ 1,004,706$ 629,752$ 68,854$ 472,290$ 67.2%75.0%157,462$ TOTAL REVENUES (EXCLUDING INTEREST/TRANSFERS)673,677$ 1,001,132$ 629,687$ 68,434$ 468,266$ 6 CITY OF KENNEDALE ANNUAL PROGRAM OF SERVICES May 2019 "YOU'RE HERE. YOUR HOME." 15: EDC4B FUND 01: ADMINISTRATION FY17-18 FY17-18 FY18-19 CURRENT FY18-19 % OF PY ACTUAL % OF CY BUDGET BUDGET ACCOUNT ACCOUNT NAME YTD ACTUAL ADOPTED MONTH YTD USED USED REMAINING 5240-01-00 PRINTED SUPPLIES - - 2,000 - - 0.0%2,000 5260-01-00 GENERAL OFFICE SUPPLIES - - 50 - - 0.0%0.0%50 5261-01-00 POSTAGE - - 50 - - 0.0%0.0%50 SUPPLIES -$ -$ 2,100$ -$ -$ 0.0%2,100$ 5501-01-00 ADVERTISING 35 35 1,200 - - 100.0%0.0%1,200 5510-01-00 ASSOC DUES/PUBLICATIONS 4,890 4,890 5,320 4,932 4,932 100.0%92.7%388 5525-01-00 TRAINING/SEMINARS - - 250 - - #DIV/0!0.0%250 5565-01-00 LEGAL SERVICES 10,498 20,855 13,000 250 2,102 50.3%16.2%10,898 5567-01-00 AUDIT SERVICES 2,000 2,000 4,250 - 4,250 100.0%100.0%- 5570-01-00 SPECIAL SERVICES 5,752 13,774 250 43 233 41.8%93.1%17 5578-01-00 TRAVEL - - 100 - - 0.0%0.0%100 5580-01-00 ENGINEERING SERVICES - - - (2,127) - 100.0%- 5595-01-00 ADMIN CHARGE-GENERAL FUND 54,431 81,647 117,890 9,824 78,593 66.7%66.7%39,297 5615-01-00 FUNCTIONAL GRANT 7,660 19,380 24,000 6,824 19,040 39.5%79.3%4,960 SUNDRY 85,266$ 142,581$ 166,260$ 19,746$ 109,149$ 59.8%65.6%57,111$ CAPITAL -$ -$ -$ -$ -$ 0.0%-$ TOTAL EXPENDITURES 85,266$ 142,581$ 168,360$ 19,746$ 109,149$ 59.8%64.8%59,211$ 7 CITY OF KENNEDALE ANNUAL PROGRAM OF SERVICES May 2019 "YOU'RE HERE. YOUR HOME." 15: EDC4B FUND 01: ADMINISTRATION 03: DEBT SERVICE FY17-18 FY17-18 FY18-19 CURRENT FY18-19 % OF PY BUDGET % OF CY BUDGET BUDGET ACCOUNT ACCOUNT NAME YTD ACTUAL ADOPTED MONTH YTD USED USED REMAINING 5643-01-03 2007 $1.2M TAX BOND-INTEREST 54,831 54,831 50,735 - 50,689 100.0%99.9%46 5644-01-03 2007 $1.2M TAX BOND-PRINCIPAL 60,000 60,000 60,000 - 60,000 100.0%100.0%- 5645-01-03 2011 $1.7M TX LEVERAGE-INT 11,691 17,926 12,834 3,334 13,503 65.2%105.2%(669) 5646-01-03 2011 $1.7M TX LEVERAGE-PRI 26,688 39,661 42,038 6,683 26,429 67.3%62.9%15,609 DEBT 153,209$ 172,418$ 165,607$ 10,017$ 150,621$ 88.9%91.0%14,986$ 5702-01-03 TRANSFER OUT-DEBT SERVICE FUND 67,588 152,588 154,825 - - 44.3%0.0%154,825 TRANSFER 67,588$ 152,588$ 154,825$ -$ -$ 44.3%0.0%154,825$ TOTAL EXPENDITURES 220,797$ 325,006$ 320,432$ 10,017$ 150,621$ 67.9%47.0%169,811$ 8 CITY OF KENNEDALE ANNUAL PROGRAM OF SERVICES May 2019 "YOU'RE HERE. YOUR HOME." 15: EDC4B FUND 02: TOWN SHOPPING CENTER FY17-18 FY17-18 FY18-19 CURRENT FY18-19 % OF PY ACTUAL % OF CY BUDGET BUDGET ACCOUNT ACCOUNT NAME YTD ACTUAL ADOPTED MONTH YTD USED USED REMAINING 5403-02-00 BUILDING MAINTENANCE 278,046 237,161 29,920 6,030 35,668 117.2%119.2%(5,748) MAINTENANCE 278,046$ 237,161$ 29,920$ 6,030$ 35,668$ 117.2%119.2%(5,748)$ 5530-02-00 ELECTRIC SERVICES 4,224 8,002 6,700 419 3,281 52.8%49.0%3,419 5545-02-00 INSURANCE-PROPERTY 8,341 8,341 8,500 - 11,139 100.0%131.0%(2,639) 5570-02-00 SPECIAL SERVICES 12,142 24,691 6,000 500 4,000 49.2%66.7%2,000 SUNDRY 24,707$ 41,033$ 21,200$ 919$ 18,420$ 60.2%86.9%2,780$ TOTAL EXPENDITURES 302,754$ 278,194$ 51,120$ 6,949$ 54,088$ 108.8%105.8%(2,968)$ 9 CITY OF KENNEDALE ANNUAL PROGRAM OF SERVICES May 2019 "YOU'RE HERE. YOUR HOME." 15: EDC4B FUND 03: TOWN CENTER REDEVELOPMENT FY17-18 FY17-18 FY18-19 CURRENT FY18-19 - % OF PY ACTUAL % OF CY BUDGET BUDGET ACCOUNT ACCOUNT NAME YTD ACTUAL ADOPTED MONTH YTD A USED USED REMAINING 5847-03-00 CONSTRUCTION 163,362 237,866 - - 5,738 0.0%(5,738) CAPITAL 163,362$ 237,866$ -$ -$ 5,738$ 0.0%(5,738)$ TOTAL EXPENDITURES 163,362$ 237,866$ -$ -$ 5,738$ 0.0%(5,738)$ 10 CITY OF KENNEDALE ANNUAL PROGRAM OF SERVICES May 2019 "YOU'RE HERE. YOUR HOME." 15: EDC4B FUND 04: TEXAS LEVERAGE PROGRAM FY17-18 FY17-18 FY18-19 CURRENT FY18-19 % OF PY ACTUAL % OF CY BUDGET BUDGET ACCOUNT ACCOUNT NAME YTD ACTUAL ADOPTED MONTH YTD USED USED REMAINING 5800-04-00 LAND - - - - - 0.0%- CAPITAL -$ -$ -$ -$ -$ 0.0%-$ TOTAL EXPENDITURES -$ -$ -$ -$ -$ 0.0%-$ 11 CITY OF KENNEDALE ANNUAL PROGRAM OF SERVICES April 2019 "YOU'RE HERE. YOUR HOME." 19: EDC4B CAPITAL BOND FUND FY17-18 FY17-18 FY18-19 CURRENT FY18-19 % OF PY ACTUAL % OF CY BUDGET BUDGET CATEGORY YTD ACTUAL ADOPTED MONTH YTD USED USED REMAINING BEGINNING FUND BALANCE 29,444$ 29,444$ 29,719$ 29,904$ INVESTMENT EARNINGS 268 460 - - - 58.4%- TOTAL REVENUES 268$ 460$ -$ -$ -$ 58.4%-$ TRANSFERS - - 29,719 - - 0.0%0.0%- CAPITAL - - - - - 0.0%0.0%- TOTAL EXPENDITURES -$ -$ 29,719$ -$ -$ 0.0%0.0%-$ REVENUES OVER EXPENDITURES 268$ 460$ (29,719)$ -$ -$ ENDING FUND BALANCE 29,712$ 29,904$ 0$ 29,904$ FUND BALANCE AS % OF EXP N/A N/A N/A N/A N/A RESERVE (NO REQUIREMENT)-$ -$ -$ -$ -$ RESERVE SURPLUS/(SHORTFALL)29,712$ 29,904$ 0$ -$ 29,904$ 12 CITY OF KENNEDALE ANNUAL PROGRAM OF SERVICES May 2019 "YOU'RE HERE. YOUR HOME." 19: EDC4B CAPITAL BOND FUND FY17-18 FY17-18 FY18-19 CURRENT FY18-19 % OF PY ACTUAL % OF CY BUDGET BUDGET ACCOUNT ACCOUNT NAME YTD ACTUAL ADOPTED MONTH YTD USED USED REMAINING 4401-00-00 INVESTMENT INCOME 268 460 - - - 58.4%- INVESTMENT EARNINGS 268$ 460$ -$ -$ -$ 58.4%-$ TOTAL REVENUES 268$ 460$ -$ -$ -$ 58.4%-$ 19: EDC4B CAPITAL BOND FUND 01: TOWN CENTER REDEVELOPMENT FY17-18 FY17-18 FY18-19 CURRENT FY18-19 % OF PY ACTUAL % OF CY BUDGET BUDGET ACCOUNT ACCOUNT NAME YTD ACTUAL ADOPTED MONTH YTD USED USED REMAINING 5580-01-00 TRANSFER OUT - - - - - 0.0%0.0%- TRANSFERS -$ -$ -$ -$ -$ 0.0%0.0%-$ 5800-01-00 LAND - - - - - 0.0%0.0%- 5847-01-00 CONSTRUCTION - - - - - 0.0%0.0%- CAPITAL -$ -$ -$ -$ -$ 0.0%0.0%-$ TOTAL EXPENDITURES -$ -$ -$ -$ -$ 0.0%0.0%-$ 13 CITY OF KENNEDALE ANNUAL PROGRAM OF SERVICES May 2019 "YOU'RE HERE. YOUR HOME." 95: EDC4B RESERVE FUND FY17-18 FY17-18 FY18-19 CURRENT FY18-19 % OF PY ACTUAL % OF CY BUDGET BUDGET CATEGORY YTD ACTUAL ADOPTED MONTH YTD USED USED REMAINING BEGINNING FUND BALANCE 119,962$ 119,962$ 120,582$ 121,327$ INVESTMENT EARNINGS 750 1,365 - 241 1,731 55.0%(1,731) TOTAL REVENUES 750$ 1,365$ -$ 241$ 1,731$ 55.0%(1,731)$ TOTAL EXPENDITURES -$ -$ -$ -$ -$ 0.0%0.0%-$ REVENUES OVER EXPENDITURES 750$ 1,365$ -$ 241$ 1,731$ ENDING FUND BALANCE 120,712$ 121,327$ 120,582$ 123,058$ FUND BALANCE AS % OF EXP N/A N/A N/A N/A N/A RESERVE ($112,606 REQUIREMENT)112,606$ 112,606$ 112,606$ 112,606$ 112,606$ RESERVE SURPLUS/(SHORTFALL)8,106$ 8,721$ 7,976$ (112,606)$ 10,452$ 14 CITY OF KENNEDALE ANNUAL PROGRAM OF SERVICES May 2019 "YOU'RE HERE. YOUR HOME." 95: EDC4B RESERVE FUND FY17-18 FY17-18 FY18-19 CURRENT FY18-19 % OF PY BUDGET % OF CY BUDGET BUDGET ACCOUNT ACCOUNT NAME YTD ACTUAL ADOPTED MONTH YTD USED USED REMAINING 4401-00-00 INVESTMENT INCOME 750 1,365 - 241 1,731 55.0%(1,731) INVESTMENT EARNINGS 750$ 1,365$ -$ 241$ 1,731$ 55.0%(1,731)$ TOTAL REVENUES 750$ 1,365$ -$ 241$ 1,731$ 55.0%(1,731)$ 95: EDC4B RESERVE FUND FY17-18 FY17-18 FY18-19 CURRENT FY18-19 % OF PY BUDGET % OF CY BUDGET BUDGET ACCOUNT ACCOUNT NAME YTD ACTUAL ADOPTED MONTH YTD USED USED REMAINING TRANSFERS -$ -$ -$ -$ -$ 0.0%0.0%-$ TOTAL EXPENDITURES -$ -$ -$ -$ -$ 0.0%0.0%-$ STAFF REPORT TO THE HONORABLE MAYOR AND CITY COUNCIL Date: July 16, 2019 Agenda Item No: REQUIRED APPROVAL ITEMS (CONSENT) - A. I. Subject: Approval of the minutes from the June 20, 2019 Regular Meeting II. Originated by: Leslie E. 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: 1.2019_06.20_Minutes_City Council Regular Meeting_DRAFT_WM 2019_06.20_Minutes_City Council Regular Meeting_DRAFT_WM.pdf KENNEDALE CITY COUNCIL MINUTES REGULAR MEETING | JUNE 20, 2019 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 Work Session to order at 5:31 p.m. II. WORK SESSION A. Discussion of policy regarding residential outdoor storage Director of Planning & Economic Development Melissa Dailey stated that there were currently no residential outdoor storage requirements in the code and presented potential regulations that would allow residents to store items and personalize their properties while also addressing safety issues and hazards, improving aesthetics, and defining materials that are prohibited from being stored outdoors. Dailey discussed exempt items, non-exempt items, and items that were allowed in specific areas or behind screening only. Following a brief discussion of how staff is currently addressing outdoor storage, mosquito harboring considerations, and screening requirements, the general consensus among Council was for staff to continue working on an ordinance to address residential outdoor storage. B. Discussion of policy regarding short-term rentals Director of Planning & Economic Development Melissa Dailey discussed proposed regulations for short-term rentals, including permitting and certificate of occupancy (CO) inspections, notification and distance requirements, occupancy limits, parking, collection of Hotel Occupancy Tax (HOT), and several uses or actions that could be expressly prohibited. Following some discussion of the possible uses of HOT revenue, verification options regarding HOT submittals, the importance of stringent fire and safety inspections, how enforcement would be handled outside of regular business hours, and the process for identifying non-compliance the general consensus among Council was for staff to continue working on an ordinance to address short-term rentals. C. Discussion of items on the regular agenda There was no discussion at this time. Mayor Johnson recessed to Executive Session at 5:59 p.m. III. REGULAR SESSION Mayor Brian Johnson called the Regular Session to order at 7:00 p.m. IV. ROLL CALL Present: Mayor Brian Johnson; Mayor Pro Tem Sandra Lee, Place 3; Josh Altom, Place 1; Chris Pugh, Place 2; Linda Rhodes, Place 4; Chad Wandel, Place 5; Absent: NONE. Staff: City Manager George Campbell, Administrative Assistant Rosie Ericson, City Attorneys George Staples and Drew Larkin, Interim Finance Director Debby Scott, Director of Planning & Economic Development Melissa Dailey, Public Works Director Larry Hoover, Library Director Amanda King, Police Chief Tommy Williams V. INVOCATION Laurie Sanders offered the invocation. DRAFT UNTIL APPROVED BY COUNCIL Page 2 of 5 CITY COUNCIL MINUTES | JUNE 20, 2019 VI. UNITED STATES PLEDGE AND TEXAS PLEDGE VII. VISITOR AND CITIZEN FORUM  Sarah Johnson Cotton, 700 Crestview Drive, spoke on behalf of Senior Outreach – Kennedale regarding coordination with Sixty & Better and the YMCA including the Silver Sneakers membership that benefits Kennedale and that second Thursdays would be Kennedale Senior Day at the YMCA swim exercise class; and announced that she was working with Mayor Pro Tem Lee and volunteers to remodel the Senior Center with paint donated by Sherwin Williams.  Raymond Rhodes, 321 W Broadway, thanked Council and staff for their kindness following his recent accident; and for their work for the City.  Bruce McCoy, 1025 Oak Hill Park, asked Council to pay particular attention to existing deed restrictions and the regulation of the storage of RVs, campers, and boats during their discussions regarding outdoor storage.  Jeff Nevarez, 338 Spring Branch Lane, spoke to Council regarding economic development including reviewing the process for approving new businesses, their compliance with codes, and signage; and looking at the property at the corner of Bowman Springs and the Parkway for short- term food truck or vendor rental space. VIII. REPORTS AND ANNOUNCEMENTS A. Updates from the City Council  Chad Wandel, Place 5, announced that he and Councilmember Pugh attended the Mayors’ Council of Tarrant County meeting where legislative updates were discussed; and noted potential funding opportunities though the Tarrant County Homeless Coalition.  Linda Rhodes, Place 4, stated that she appreciated the two-day retreat and budget presentations by staff that gave a clearer picture of the needs within each department.  Mayor Pro Tem Lee, Place 3, announced that she attended the Senior Outreach – Kennedale meeting and thanked Sarah Cotton for her work; stated that volunteers would be needed to paint the Senior Center; thanked Larry Hoover for the Public Works department’s quick response time; and stated her appreciation for the budget workshop.  Chris Pugh, Place 2, announced that there were many changes happening at the state level that would affect Cities; and that he followed up with Chief Brown following the two- day retreat to tour the Fire Station and would like to do the same with Chief Williams.  Josh Altom, Place 1, announced that he attended the NCTCOG General Assembly, where the City of Kennedale was awarded the Regional Cooperation award and thanked the previous Council and City Manager George Campbell; and that he attended the Kennedale Rotary Club luncheon. B. Updates from the City Manager THIS ITEM WAS TAKEN OUT OF ORDER; IMMEDIATELY FOLLOWING VIII.C. UPDATES FROM THE MAYOR. City Manager George Campbell announced that Lakeita Sutton was recently appointed as Director of Finance and Information Technology, with an expected start date of July 8; that staff was in ongoing negotiations with Global Water Fathom to shift water billing customer service to the City of Arlington; thanked Council for their time and input during the two-day retreat regarding goals and objectives; reminded Council that the proposed budget was currently scheduled to be presented on Monday, August 5; noted that one recent legislative change would be addressed on this agenda, but that there were hundreds of bills affecting Cities considered during this legislative session and that staff would continue researching other items that might need attention; that TAD is reporting steady property valuations; and that corrections had been made to the ordinances for items XII.B. and XII. F. and that any motion should reference these updated versions. C. Updates from the Mayor THIS ITEM WAS TAKEN OUT OF ORDER; IMMEDIATELY FOLLOWING VIII.A. UPDATES FROM THE CITY COUNCIL. DRAFT UNTIL APPROVED BY COUNCIL Page 3 of 5 CITY COUNCIL MINUTES | JUNE 20, 2019 Mayor Johnson stated that the City receiving the North Central Texas Council of Governments (NCTCOG) Regional Cooperation award was quite an honor, as it was a competition among 16 counties, and thanked City Manager George Campbell and former Finance Director Brady Olsen; announced that he attended the Southeast Tarrant Transportation Partnership (SETTP) meeting where there was an update on Drive AI (artificial intelligence); that construction was slated to begin in 2021 on the widening of Sublett Road; that he had spoken at the Reagan Republican Women’s Club in Mansfield regarding upcoming legislative considerations; that he would speak at the Fort Worth Rotary Club regarding future transportation; and that he just returned from Los Angeles where he was working on a project for disability inclusion. IX. INCIDENTAL ITEMS X. MONITORING INFORMATION A. Monthly Financials for May 2019 There was no discussion at this time. B. KEDC Financial Report for April 2019 There was no discussion at this time. XI. REQUIRED APPROVAL ITEMS (CONSENT) A. Consider approval of the minutes from the May 21, 2019 Regular Meeting B. Consider approval of the minutes from the May 31, 2019 Special Meeting C. Consider approval of the minutes from the June 1, 2019 Special Meeting Motion To Approve. Action Approve the Consent Agenda. Moved By Wandel. Seconded By Mayor Pro Tem Lee. Motion passes unanimously. XII. DECISION ITEMS A. Consider appointment of a Mayor Pro Tem Councilmember Rhodes nominated Sandra Lee to continue as Mayor Pro Tem. Motion To Approve. Action Approve appointment of Sandra Lee as Mayor Pro Tem. Moved By - Rhodes. Seconded By Pugh. Motion passes unanimously. B. Consider approval of Ordinance 661, increasing the membership of the Youth Advisory Council (YAC) from 15 to 25 places Motion To Approve. Action Approve the corrected version of Ordinance 661 as presented to the Council tonight, increasing the membership of the Youth Advisory Council (YAC) from 15 to 25 places. Moved By Mayor Pro Tem Lee. Seconded By Wandel. Motion passes unanimously. C. Hold a Public Hearing and consider approval of Ordinance 662, designating a tax abatement reinvestment zone for approximately 13.55 acres of land, known as Lot 1A2, Block 1 of the Harris Corporation Addition, City of Kennedale, Texas, and generally located at Linda Road and Gail Drive • Staff Presentation Director of Planning & Economic Development Melissa Dailey stated that designation of a reinvestment zone was required by the State before offering incentives, and that the boundary of that zone was simply the site that Compressed Air would occupy, but that there was not an assigned address at this time. DRAFT UNTIL APPROVED BY COUNCIL Page 4 of 5 CITY COUNCIL MINUTES | JUNE 20, 2019 City Manager George Campbell noted that this item was related to XII.D. and XII.E. • Public Hearing Mayor Johnson opened the public hearing. There were no requests to speak. Mayor Brian Johnson closed the public hearing. • Staff Response and Summary There was no additional discussion. • Action by the City Council Motion To Approve. Action Approve Ordinance 662, designating a tax abatement reinvestment zone for approximately 13.55 acres of land, known as Lot 1A2, Block 1 of the Harris Corporation Addition, City of Kennedale, Texas, and generally located at Linda Road and Gail Drive. Moved By Pugh. Seconded By Mayor Pro Tem Lee. Motion passes unanimously. D. Consider authorizing the City Manager to enter into a Tax Abatement and Chapter 380 Agreement with Compressed Air Systems, L.L.C. Motion To Approve. Action Approve authorizing the City Manager to negotiate the finalization of a Tax Abatement and Chapter 380 Agreement with Compressed Air Systems, L.L.C., provided that there are no significant changes to the agreement as presented. Moved By Rhodes. Seconded By Wandel. Motion passes unanimously. E. Consider authorizing the EDC President to enter into an Economic Development and Performance Agreement with Compressed Air Systems, L.L.C. Motion To Approve. Action Approve authorizing the EDC President to enter into an Economic Development and Performance Agreement with Compressed Air Systems, L.L.C., by authorizing the City Manager to negotiate finalization of said agreement, provided that there are no significant changes to the agreement as presented. Moved By Rhodes. Seconded By Pugh. Motion passes unanimously. F. Consider approval of Ordinance 663, amending the Kennedale Municipal Code, by amending Exhibit A “Schedule of Fees” of Section 2-3, “Fees for licenses, inspections, permits, etc.” to provide for a residential building permit fee based on square footage Director of Planning & Economic Development Melissa Dailey stated that this amendment to the schedule of fees was in direct response to the passing of H.B. 852 during the recent legislative session. The bill prohibits the calculation of permitting fees based on certain valuations. Historically, the City has calculated based on valuation, but under this Ordinance, new residential construction permit fees would now be calculated based on square footage. City Manager George Campbell noted that this Ordinance is only meant to bring the City into compliance with this new legislation, but that other fee schedule amendments might be recommended in August or September as a part of the budget process. Motion To Approve. Action Approve the corrected version of Ordinance 663 as presented to the Council tonight, amending the Kennedale Municipal Code, by amending Exhibit A “Schedule of Fees” of Section 2-3, “Fees for licenses, inspections, permits, etc.” to provide for a residential building permit fee based on square footage. Moved By Wandel. Seconded By Mayor Pro Tem Lee. Motion passes unanimously. G. Consider approval of Ordinance 664, amending Chapter 3 – “Animals” of the Kennedale Municipal Code to add regulations regarding the keeping of certain fowl, livestock, and potbellied pigs within the City Director of Planning & Economic Development Melissa Dailey stated that the purpose of this ordinance was to expand the ability to own and maintain animals within the City – specifically that farm animals would now be allowed on residential properties that are one (1) acre or larger DRAFT UNTIL APPROVED BY COUNCIL Page 5 of 5 CITY COUNCIL MINUTES | JUNE 20, 2019 (regardless of zoning); that pot-bellied pigs and hens could be kept on lots of any size; and that the number of livestock and fowl that may be kept would depend upon the size of the property. In response to a question by Councilmember Rhodes, City Attorney Drew Larkin stated that, because there was a penalty clause, that it would be best to publish the Ordinance and that the effective date would follow that publication; but that the wording of the Ordinance would suffice as it is now. Councilmember Rhodes also noted that she was a part of the focus group in the process of drafting this Ordinance, and had been in favor of allowing animals on lots as small as one-half acre, while also giving the City more enforcement options. She urged staff to be generous with the grace period to ensure that residents had adequate time to comply with the Ordinance. Motion To Approve. Action Approve Ordinance 664, amending Chapter 3 – “Animals” of the Kennedale Municipal Code to add regulations regarding the keeping of certain fowl, livestock, and potbellied pigs within the City. Moved By Altom. Seconded By Pugh. Motion passes 4-0-1, with Rhodes abstaining. THE COUNCIL DID NOT CONVENE INTO EXECUTIVE SESSION AT THIS TIME. THERE WAS AN EXECUTIVE SESSION HELD IMMEDIATELY FOLLOWING THE WORK SESSION, BUT BEFORE THE REGULAR SESSION. XIII. EXECUTIVE SESSION A. Discussion with the City Attorney regarding settlement agreement between Ron Sturgeon, et al and the City of Kennedale B. Discussion with the City Attorney regarding salvage yard special exception/special use permits C. Discussion with City Attorney regarding Public Information Act, including requests for City Attorney invoices D. Discussion with City Attorney regarding legal issues associated with Economic Development and Performance Agreement, Tax Abatement, and Chapter 380 Agreement with Compressed Air Systems for project located at Harris Corporation Addition, Block 1 Lot 1A2 (Linda Road) E. Economic Development and Performance Agreement, Tax Abatement, and Chapter 380 Agreement with Compressed Air Systems for project located at Harris Corporation Addition, Block 1 Lot 1A2 (Linda Road) XIV. RECONVENE INTO OPEN SESSION, AND TAKE ACTION NECESSARY PURSUANT TO EXECUTIVE SESSION, IF NEEDED Motion To Approve. Action Approve authorizing the City Manager to offer a settlement agreement to Ron Sturgeon and to execute that agreement. Moved By Altom. Seconded By Pugh. Motion passes unanimously. XV. ADJOURNMENT Motion To Adjourn. Action Adjourn, Moved By Rhodes. Seconded By Wandel. Motion passes unanimously. Mayor Johnson adjourned the meeting at 7:58 p.m. APPROVED: ATTEST: BRIAN JOHNSON, MAYOR LESLIE E. GALLOWAY, CITY SECRETARY DRAFT UNTIL APPROVED BY COUNCIL STAFF REPORT TO THE HONORABLE MAYOR AND CITY COUNCIL Date: July 16, 2019 Agenda Item No: REQUIRED APPROVAL ITEMS (CONSENT) - B. I. Subject: Approval of tax collection contract with the Tarrant County Tax Office II. Originated by: Lakeita Sutton, Director of Finance and Information Technology III. Summary: This is a renewal of the contract with Tarrant County to collect property taxes at a rate of $0.98 per account. In the past, the contract has typically been annual, but is now for a term of three years. IV. Fiscal Impact Summary: V. Legal Impact: VI. Recommendation: Approve VII. Alternative Actions: VIII. Attachments: 1.TC Tax Office Letter Tarrant County Tax Office Letter.pdf 2.TC Agreement for the Collection of Taxes (3 Years)Tarrant County Tax Office Contract.pdf TARRANT COUNTY TAX OFFICE 100 E . Weatherford, Ro om 105· Fort Worth, Tex as 76196-0301 ·817-884-1100 tax o ffice@tarrantcounty.com April 17 , 2019 Mr. Brady Olsen Finance Director City of Kennedale 405 Municipal Dr Kennedale, TX 76060 Dear Mr. Olsen, In God We Tru st WENDY BURGESS Tax Assessor-Collector I am pleased to enclose our tax collection contract for your entity . As a convenience, I am offering a three-year contract instead of an annual renewal. The commission rate for Tax Years 2019-2021 will remain at $0 .98 per account for the entire contract term. This rate continues to be the lowest collection fee rate of any urban county in Texas . Due to new technologies that allow our office to process out-of- county accounts more efficiently, we are lowering that fee to $2 .00 per account. The rates will be applied to the number of accounts as of September 30 th for the previous year. Enclosed are three original contracts for the assessment and collection of your ad valorem taxes by my office for the Tax Years 2019 -2021. After the contracts have been signed, please return ALL copies to the attention of Elisa H. Hand, Property Tax Director. I will mail a fully executed contract to you after the Commissioner's Court has made formal approval of the contract. This will be at the end of September, so the contract will be returned in October. If you require more than one original, please make extra copies as needed of the contract and mail all copies back to my office . In order to have your contract in place prior to the upcoming tax season, I would ask that you have the properly executed contracts returned to me no later than August 15, 2019. You will be invoiced for your collection commission by last day of January for each contract year with payment due no later than the last day of February of each contract year . The time for rate calculations is rapidly approaching and many of you are already in budget preparations . Please remember the importance of getting the rate and exemption information to us prior to the September rate submission deadline . My office will provide more information on this reqLiirement in the near future . If you have questions, please contact Property Tax Director, Elisa H. Hand , at 817 -884-1123 or by email ehhand@tarrantcounty .com. You may also contact me at 817-884-1106 or bye-mail WGBurgess@tarrantcounty.com . Sincerely , c{jJvlJtc~f3[0 'j1/J7f' Wendy Burgess T ax Assessor-Collector Tarrant County STAFF REPORT TO THE HONORABLE MAYOR AND CITY COUNCIL Date: July 16, 2019 Agenda Item No: REQUIRED APPROVAL ITEMS (CONSENT) - C. I. Subject: Approval of an Interlocal Agreement with Tarrant County in the amount of $7,500.00 for roadside ditch line maintenance of selected streets and any other minor drainage needs that may arise during the project time period II. Originated by: Larry Hoover, Public Works Superintendent III. Summary: Public Works staff maintains 37 miles of roadside ditch line drainage structures within Kennedale. The attached Interlocal Agreement (ILA) would address known issues along Dick Price Road, Eden Road, Mansfield Cardinal Road, Grapevine Trail, Trent Street, Valley Lane, Oak Crest Drive, Gilman Road, West Sublett Road, and New Hope Road. The work performed under this agreement would be to remove any debris and sediment that is impairing or blocking drainage flow within any ditch segment in the right-of-way. In some cases the entire ditch may be excavated, but in most cases very little excavation should be required — typically on either side of a driveway culvert. The shape and form of the ditch may also sometimes be adjusted to allow for easier maintenance by the home owner or staff. If staff identifies additional areas in need of maintenance during the term of the agreement (through March 31, 2020), staff could request that the County crew inspect and add the location to the project without requiring a new contract. IV. Fiscal Impact Summary: V. Legal Impact: VI. Recommendation: Approve VII. Alternative Actions: VIII. Attachments: 1.2019_07.16 ILA Tarrant County Ditch Maintenance 2019_07.16 ILA Tarrant County Ditch Maintenance.pdf THE STATE OF TEXAS INTERLOCAL AGREEMENT COUNTY OF TARRANT This Interlocal Agreement is between Tarrant County, Texas ("COUNTY"), and the City of Kennedale ("CITY"). WHEREAS, the CITY is requesting the COUNTY's assistance to inspect and, where necessary, remove ditch/shoulder sediment on Dick Price Road; Eden Road; Mansfield Cardinal Road; Grapevine Trail; Trent Street; Valley Lane; Oak Crest Drive; Gilman Road; West Sublett Road and New Hope Road; as well as additional minor drainage issues that may arise during the specified contract time period (the "Project"). WHEREAS, the Interlocal Cooperation Act contained in Chapter 791 of the Texas Government Code provides legal authority for the parties to enter into this Agreement; and WHEREAS, during the performance of the governmental functions and the payment for the performance of those governmental functions under this Agreement, the parties will make the performance and payment from current revenues legally available to that party; and WHEREAS, the Commissioners Court of the COUNTY and the City Council of the CITY each make the following findings: a. This Agreement serves the common interests of both parties; b. This Agreement will benefit the public; c. The division of costs fairly compensates both parties to this Agreement; and d. The CITY and the COUNTY have authorized their representative to sign this Agreement; and e. Both parties acknowledge that they are each a "governmental entity" and not a "business entity" as those terms are defined in Tex. Gov't Code § 2252.908, and therefore, no disclosure of interested parties pursuant to Tex. Gov't Code Section 2252.908 is required. NOW, THEREFORE, the COUNTY and the CITY agree as follows: TERMS AND CONDITIONS 1. COUNTY RESPONSIBILITY The COUNTY will furnish the labor and equipment to assist the CITY in completing the Project. The drainage improvements will consist of the following: 1.1 Remove ditch sediment and debris where necessary; 1.2 Remove soil build up along roadway edges; 1.3 Remove vegetation from ditch lines where necessary; and 1.4 Install Reinforced Concrete Pipe (RCP) if necessary. 2. CITY RESPONSIBILITY 2.1 CITY will furnish all materials for the Project; 2.2 CITY will furnish a site for dumping waste in close proximity to job site for materials generated during this Project; 2.3 CITY will furnish all rights of way, plan specifications and engineering drawings; 2.4 CITY will furnish necessary traffic controls including Type A barricades to redirect traffic flow to alternate lanes during the construction phase of the Project; 2.5 CITY will ensure that the Project is cleared of obstructions which could damage COUNTY equipment during construction; 2.6 CITY will verify the location of all utility locations, mark those locations and then remove the utilities that will interfere with the progress of the Project; and 2.7 CITY will pay COUNTY $7,500.00 for the labor and equipment involved with the Project. COUNTY will invoice the CITY upon project completion. 3. PROCEDURES DURING PROJECT COUNTY retains the right to inspect and reject all materials provided for this Project. If the CITY has a complaint regarding the construction of the Project, the CITY must complain in writing to the COUNTY no later than thirty (30) days of the date of Project completion. Upon expiration of 30 days after Project completion, the CITY will be solely responsible for maintenance and repairs of the Project. 4. NO WAIVER OF IMMUNITY This Agreement does not waive COUNTY rights under a legal theory of sovereign immunity. This Agreement does not waive CITY rights under a legal theory of sovereign immunity. 5. OPTIONAL SERVICES 5.1 If requested by the CITY, the COUNTY will apply permanent striping coordinated through the Transportation Department. Application of striping by the COUNTY is limited to Project roadways. If the CITY desires permanent striping applied to any roadways or portions of roadways not covered by this Agreement, the CITY will need to enter into a separate agreement with the COUNTY for the provision of those services; 5.2 If necessary, the CITY will furnish traffic control personnel; and 5.3 If required, the CITY will pay for engineering services, stormwater run-off plans, and continuation of services and plan. 6. TIME PERIOD FOR COMPLETION The CITY will give the COUNTY notice to proceed at the appropriate time. However, the COUNTY is under no duty to commence construction at any particular time. 7. THIRD PARTY The parties do not enter into this Agreement to protect any specific third party. The intent of this Agreement excludes the idea of a suit by a third party beneficiary. The parties to this Agreement do not consent to the waiver of sovereign immunity under Texas law to the extent any party may have immunity under Texas law. 8. JOINT VENTURE & AGENCY The relationship between the parties to this Agreement does not create a partnership or joint venture between the parties. This Agreement does not appoint any party as agent for the other party. 2 9. EFFECTIVE DATE This Agreement becomes effective when signed by the last party whose signing makes the Agreement fully executed. 10. TERMINATION OF AGREEMENT Either party may terminate this Agreement without cause by providing thirty (30) days prior written notice of intent to terminate to the other party. This Agreement will automatically terminate upon completion of the Project or March 31, 2020, whichever date occurs first. This Agreement may be renewed prior to its expiration upon the mutual consent of the parties in writing. TARRANT COUNTY, TEXAS COUNTY JUDGE Date: __________ _ COMMISSIONER, PRECINCT 2 Devan Allen Date: __________ _ Attest: APPROVED AS TO FORM* Criminal District Attorney's Office* Date: ___________ _ * By law, the Criminal District Attorney's Office may only approve contracts for its clients. We reviewed this document as to form from our client's legal perspective. Other parties may not rely on this approval. Instead those parties should seek contract review from independent counsel. CITY OF KENNEDALE Authorized City Official Date: ________ _ Attest: APPROVED AS TO FORM AND LEGALITY Assistant City Attorney Date: ___________ _ 3 STAFF REPORT TO THE HONORABLE MAYOR AND CITY COUNCIL Date: July 16, 2019 Agenda Item No: DECISION ITEMS - A. I. Subject: Consider making appointments to the 2019-2020 Youth Advisory Council (YAC) II. Originated by: Leslie E. Galloway, City Secretary & Communications Coordinator III. Summary: In 2013, the City of Kennedale established The Youth Advisory Council (YAC), which is a group of students (ages 15- 19) that live within the boundaries of the Kennedale Independent School District (KISD) and students that reside within (or attend a state-recognized school or homeschool within) the corporate boundaries of the City of Kennedale. This year, 20 applications were received and are attached for Council's review. There were originally 15 seats on this board. However, the City Council expanded YAC to 25 places, via the adoption of Ordinance 661 at their June 20, 2019 regular meeting. As such, staff and the 2018-19 Youth Advisory Council members would respectfully recommend to Council approving the appointment of all 20 applicants (as listed below). Applications to serve on the 2019-20 YAC INCUMBENTS 1.Allen Constantino 2.Kayla Guevara 3.Quincy Martin 4.Allie Murphy 5.Riya Patel 6.Ryan Roller NEW APPLICANTS 1.Libby Beck 2.Ella Beene 3.Amaya Constantino 4.Amber Guo 5.Bri Hull 6.Grant McConnell 7.Julia McHugh 8.Luc Ngo 9.Jaiden Patel 10.Michelle Pham 11.Preston Roller 12.Christian Rockin 13.Lillian Rychlik 14.Luciane Williams IV. Fiscal Impact Summary: V. Legal Impact: VI. Recommendation: Approve VII. Alternative Actions: VIII. Attachments: 1.RETURNING_Constantino, Allen RETURNING_Constantino, Allen.pdf 2.RETURNING_Guevara, Kayla RETURNING_Guevara, Kayla.pdf 3.RETURNING_Martin, Quincy RETURNING_Martin, Quincy.pdf 4.RETURNING_Murphy, Allie RETURNING_Murphy, Allie.pdf 5.RETURNING_Patel, Riya RETURNING_Patel, Riya.pdf 6.RETURNING_Roller, Ryan RETURNING_Roller, Ryan.pdf 7.NEW_Beck, Libby NEW_Beck, Libby.pdf 8.NEW_Beene, Ella NEW_Beene, Ella.pdf 9.NEW_Constantino, Amaya NEW_Constantino, Amaya.pdf 10.NEW_Guo, Amber NEW_Guo, Amber.pdf 11.New_Hull, Bri New_Hull, Bri.pdf 12.NEW_McConnell, Grant NEW_McConnell, Grant.pdf 13.NEW_McHugh, Julia NEW_McHugh, Julia.pdf 14.NEW_Ngo, Luc NEW_Ngo, Luc.pdf 15.NEW_Patel, Jaiden NEW_Patel, Jaiden.pdf 16.NEW_Pham, Michelle NEW_Pham, Michelle.pdf 17.New_Preston, Roller New_Preston, Roller.pdf 18.NEW_Rockin, Christian NEW_Rockin, Christian_no letter of rec.pdf 19.NEW_Rychlik, Lillian NEW_Rychlik, Lillian.pdf 20.NEW_Williams, Lucianne NEW_Williams, Lucianne.pdf STAFF REPORT TO THE HONORABLE MAYOR AND CITY COUNCIL Date: July 16, 2019 Agenda Item No: DECISION ITEMS - B. I. Subject: Consider making appointments to various advisory boards and commissions, including the TownCenter Development District (TDD) Board, the Tax Increment Reinvestment Zone #1 (TIRZ) Board, and the Parks & Recreation Board II. Originated by: George Campbell, City Manager III. Summary: At this time, Council may consider making appointments to various advisory boards and commissions. A full listing of the membership of these boards is attached to Work Session Item II.A. There are currently a number of vacancies on several boards. In an effort to minimize disruption to the business of these boards over the next few months (before annual appointments in October), staff would respectfully recommend that Council consider making out-of-cycle appointments to vacant positions as soon as possible, particularly on the following boards: TDD TownCenter Development District Place 1: EDC President Mark Yeary (Automatic Appointment of EDC President)  Place 2: VACANT (was Mark Yeary; Must be a member of the EDC Board) Place 3: Mayor Brian Johnson (Automatic Appointment of Mayor) Place 4: Mayor Pro Tem Sandra Lee (Must be a member of the Council) Place 5: VACANT (was Rockie Gilley; Must be a member of the Council) TIRZ: Tax Increment Reinvestment Zone #1 Board Place 1: Darold Tippey Place 2: Bruce Cates Place 3: VACANT (was Lary Adkins) Place 4: Rockie Gilley City of Kennedale Place 5: Jeni McGarry Appointed by Taxing Unit Tarrant County Place 6: Scott Rule Tarrant County Hospital District Place 7: Mark McClendon Tarrant County College District Parks & Recreation Board Place 1: David Deaver, Chair Place 2: Jeff Nevarez Place 3: VACANT (was Michael Chandler) Place 4: Gary SwanPlace 5: Phil Wallace Place 6: Josh Hayes Place 7: Donald Spikes (No attendance nor response to staff's attempts to contact) IV. Fiscal Impact Summary: V. Legal Impact: VI. Recommendation: VII. Alternative Actions: VIII. Attachments: 1.Board Applications Received Board Applications Received.pdf 2.Beck_Ann (Parks)Beck_Ann (Parks).pdf 3.Clementi_Perry (BOA-BBA)Clementi_Perry (BOA-BBA).pdf 4.Degenhart_Austin (PZ and EDC)Degenhart_Austin (PZ and EDC).PDF 5.Green_David (Parks and P&Z)Green_David (Parks and P&Z).pdf 6.Hicks_Heather (Library and KKB)Hicks_Heather (Library and KKB).pdf 7.Joplin_Jan (TIRZ and TDD and EDC)Joplin_Jan (TIRZ and TDD and EDC).pdf 8.Massengill_Bo (UIB)Massengill_Bo (UIB).pdf 9.Michels_Kenneth (Parks)Michels_Kenneth (Parks).pdf 10.Mundy_Robert (TIRZ and TDD)Mundy_Robert (TIRZ and TDD).pdf 11.Vader_Patrick (BOA-BBA and P&Z)Vader_Patrick (BOA-BBA and P&Z).PDF NOTES APPLIED FORParksBOA/BBAEDC; P&ZParks; P&ZLibrary; KKBEDC; TDD; TIRZUIBParksTDD; TIRZBOA/BBA; P&ZAnn BeckPerry ClementiDavid GreenHeather HicksJan JoplinBo MassengillKenneth MichelsRobert MundyPatrick VaderAustin DegenhartAPPLICATIONS RECEIVED AS OF 07.12.2019 STAFF REPORT TO THE HONORABLE MAYOR AND CITY COUNCIL Date: July 16, 2019 Agenda Item No: DECISION ITEMS - C. I. Subject: Consider authorizing the City Manager to enter into a contract with ABLe Communications for improvements to the Council Chambers audiovisual equipment II. Originated by: Danielle Clarke, Director of Human Resources & Administrative Services III. Summary: In early May, the City Manager’s office began accepting proposals to update the audiovisual equipment in Council Chambers. The purpose for this update would be to provide better visibility of meeting presentations for both citizens and the Council and to provide additional transparency measures for the benefit of the public. A cost matrix of the four proposals received by staff that addressed the City’s requirements is attached. Following review of these proposals, staff would respectfully recommend City Council authorization for the City Manager to enter into a contract with ABLe Communications in an amount not to exceed $50,000.00. The ABLe proposal (attached) was the best proposal for improvements that met the City’s requirements, and includes commercial grade viewing monitors, updates to the sound system, and the necessary equipment to record meetings and upload those videos to the City's website the following day. The improvements will allow the City to live stream meetings in the future as additional equipment and/or services are added. The system would also accommodate the use of electronic voting software that the City currently has access to through CivicClerk at no additional cost. Unless directed otherwise, iPads will also be purchased for use during meetings to accommodate the electronic voting and for viewing of meeting related documents. IV. Fiscal Impact Summary: V. Legal Impact: VI. Recommendation: Approve VII. Alternative Actions: VIII. Attachments: 1.19-516 - City Council Chamber Upgrade 5.0 (3)19-516 - City Council Chamber Upgrade 5.0 (3).pdf 2.Proposal Matrix Proposal Matrix.pdf 7/1/2019 19-516 - City Council Chamber Upgrade able.ontrackpro.com/SA_project_summary_export.asp 1/3 1413 East Avenue H • Grand Prairie, TX • 75050 P:972-660-2253 • F: 972-660-2254 Quote # B-19-516 Danielle Clarke, City of Kennedale 405 Municipal Drive Kennedale, TX 76060 Kennedale, TX 76060 817-985-2106 dclarke@cityofkennedale.com City Council Chamber Upgrade Proposal Summary Version: 4 (Quote Valid for 60 days) System Description Qty.Sell Price Sell Ext. City Council Chambers 1 $49,963.56 $49,963.56 Sub-Total $49,963.56 Payment & Performance Bond $0.00 Grand Total $49,964.00 Initial Down Payment $0.00 TERMS: Progress Billing Notes: This entire document and all information enclosed including drawings, specifications and designs is the property of Able Communications Inc.. Proprietary information provided to our client or his agents is for the sole purpose of demonstrating Able's capabilities and shall be held in confidence. These materials may not be copied, distributed or disclosed in any way without the sole written permission of an authorized representative of Able Communications. 7/1/2019 19-516 - City Council Chamber Upgrade able.ontrackpro.com/SA_project_summary_export.asp 2/3 1413 East Avenue H • Grand Prairie, TX • 75050 P:972-660-2253 • F: 972-660-2254 Quote # B-19-516 Danielle Clarke, City of Kennedale 405 Municipal Drive Kennedale, TX 76060 Kennedale, TX 76060 817-985-2106 dclarke@cityofkennedale.com City Council Chamber Upgrade City Council Chambers Version: 4 (Quote Valid for 60 days) Qty Manufacturer Model Description Key 1. EQUIPMENT AND LABOR DETAIL 1 Apple iPAD 16GB WiFi 16GB iPad Air 2 (Wi-Fi Only, S 2. 1.25 Belden 1213F010A1000 24/4 PR SOL SHLD CAT5E CMP 3 Chief Manufacturing CMA110 8'' (203 mm) Ceiling Plate 3 Chief Manufacturing CPA262 CHIEF COUPLER TO TRANSITION 3 Chief Manufacturing XCM1U FUSION X-Large Single Pole Flat Panel Ce 1 Crestron Electronics, Inc.DM-DA4-4K-C 1:4 4K HDMI to DM 8G+ & HDBaseT Splitter 1 Crestron Electronics, Inc.DMPS3-4K-100-C 3-Series 4K DigitalMedia Presentation Sy 2 Crestron Electronics, Inc.DM-RMC-4K-100-C-1G-B-T Wall Plate 4K DigitalMedia 8G+ Receiver 3 Crestron Electronics, Inc.DM-RMC-4KZ-100-C DigitalMedia 8G+? 4K60 4:4:4 HDR Receive 2 Crestron Electronics, Inc.DM-TX-4K-100-C-1G-B-T Wall Plate 4K DigitalMedia 8G+ Transmitt 1 Crestron Electronics, Inc.IDOC-PAD-LCA2-DSWC-B iPanel Wall Dock for iPad Air 2, Black 7 Middle Atlantic CG56782 3FT High Speed HDMI Cable with Ethernet 4 Middle Atlantic CG56783 6ft High Speed HDMI Cable with Ethernet 1 OFE QSC CX204V OFE Amplifier 10 OFE Shure Push-To-Talk Mics Cable already run to ER 10 OFE 19516 - OFE SPK Already Installed 1 Panduit JB1EI-A Panduit Pan-Way Surface Mount Outlet Box 1 QSC Audio Products, LLC.CORE 110f Unified Series Core with 24 local I/O ch 3 Samsung Electronics America, Inc.UN82RU8000F 82'' RU8000 Smart 4K UHD TV 1 SUNBELT RENTALS 007-0025 19' Electric Scissor Lift 2. VIDEO STREAMING SYSTEM 1 Extron Electronics, USA 60-1594-01 SMP 111 Single Channel H.264 Streaming M 1. 1 Vaddio 535-2000-240 Thin Profile Wall Mount for RoboSHOT PTZ 1 Vaddio OneLINK HDMI Power, control, and video up to 328ft (1 1 Vaddio RoboSHOT 12E HDBT 12x optical zoom, HDbaseT, HDMI and IP H Key Notes: 1. Requires streaming endpoints to be configured by IT and/or website developer. 2. Client will need to purchase a $99 application from The Apple Store in order to use iPad for control of the system. This application is usable on up to 5 iPads. Equipment Total:$31,853.81 Consumable Installation Supplies:$996.90 Freight:$733.60 AutoCAD Drafting and Engineering:$1,344.00 Project Management:$1,218.40 Programming:$7,320.00 Shop Labor:$247.20 Field Labor:$5,376.00 Final Test & Balance:$537.60 Operational System Training:$268.80 Project Administration:$67.25 Tax:$0.00 Grand Total:$49,963.56 Initial Down Payment:$0.00 ◯ System Accepted ◯ System Declined Initial: ___________ 7/1/2019 19-516 - City Council Chamber Upgrade able.ontrackpro.com/SA_project_summary_export.asp 3/3 1413 East Avenue H • Grand Prairie, TX • 75050 P:972-660-2253 • F: 972-660-2254 Terms and Conditions The following terms and conditions shall govern this agreement unless a valid Master Services Agreement for Support and Maintenance or other similar agreement ("Master Agreement") between the parties has been executed and is in force, in which case the terms of the Master Agreement shall prevail to the extent that they are inconsistent with the following terms and conditions. 1. Purchase Orders, Invoicing, Payment and Acceptance. Any purchase order submitted by CLIENT in connection with this agreement shall be deemed subject to these Additional Terms and this agreement. Unsigned, electronically submitted purchase orders shall be deemed to include CLIENT's electronic signature and shall be binding to the extent accepted by ABLe. ABLe's performance of such purchase order shall not constitute ABLe's acceptance of new or different terms, including pre-printed terms on such order. In absence of a purchase order, CLIENT agrees that its signature below grants ABLe the right to invoice CLIENT and authorizes payment to ABLe for the amounts owed. Further, CLIENT represents that ABLe can rely on such CLIENT signature for payment. ABLe shall invoice CLIENT for the Products and/or Services in accordance with the terms stated in the agreement. Acceptable forms of payment for the price included herein are cash, check or wire transfer. CLIENT shall make payment to ABLe within thirty (30) days from the date of invoice. With the exception for taxes due on ABLe's net income, CLIENT shall pay ALL applicable taxes which are not reflected in the listed project pricing. ABLe reserves the right to invoice CLIENT for additional work requested by CLIENT and performed by ABLe, and for applicable expenses incurred by ABLe pursuant to providing such additional services, which are not described in this agreement. Unless otherwise indicated in this agreement, CLIENT agrees that staff labor only augmentation services and services performed on a time and materials basis shall be deemed accepted as performed. Unless otherwise indicated in this agreement, Projects shall be deemed accepted upon the earlier of ABLe's receipt a signed Project Completion and Acceptance document which has been signed and dated by an authorized representative of CLIENT, or thirty (30) calendar days from the date of the delivery of the final Project deliverable. If acceptance is refused, the CLIENT shall provide, in writing to ABLe, its reasonable basis for refusal, prior to the expiration of the thirty (30) calendar day period. ABLe shall address the issue before subsequent work is undertaken. 2. Shipment of Product. All Products delivered to CLIENT hereunder shall be shipped FOB origin, freight collect. Title and risk of loss shall pass to CLIENT at point of origin. Products shall be deemed accepted upon delivery. 3. Limitations of Warranties. ABLe warrants that Services shall be provided by competent personnel in accordance with applicable professional standards. ALL PRODUCTS PROVIDED BY ABLE ARE PROVIDED "AS IS", WITH ALL FAULTS. ABLE MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ANY AND ALL ORIGINAL EQUIPMENT MANUFACTURER (OEM) WARRANTIES, CERTIFICATIONS AND GUARANTEES, IF ANY, ARE PASSED THROUGH TO CLIENT. 4. Intellectual Property. CLIENT acknowledges that ABLe, its vendors, and/or its licensors retain all patents and/or copyrights in and to all proprietary data, processes and programs, if any, provided in connection with Services performed hereunder; any ABLe software provided to CLIENT as part of the Services provided shall be subject to the vendor's, licensor's or OEM's copyright and licensing policy. To the extent such software is prepared by ABLe, it is provided by nontransferable, nonexclusive license for CLIENT'S internal use only, subject strictly to the terms and conditions of this Agreement, and shall terminate upon termination or expiration of this Agreement. CLIENT shall not duplicate, use or disclose for the benefit of third parties, reverse engineer or decompile any such software. 5. Confidential Information. The parties agree that Confidential Information means any information disclosed by the disclosing party to the receiving party, either directly or indirectly, in writing, orally or by inspection of tangible objects (including without limitation documents, prototypes, samples, plant and equipment, "CLIENT" lists or other "CLIENT" information not known to the public), which is designated as "Confidential," "Proprietary" or some similar designation, or is the type of information which should reasonably be recognized as Confidential or Proprietary. The receiving party shall not use any Confidential Information of the disclosing party for any purpose except to evaluate and engage in discussions concerning this Proposal. Each party agrees to protect the other party's Proprietary and Confidential Information to the same extent that it protects its own Proprietary and Confidential Information but with no less than a reasonable degree of care. 6. Limitation of Liability. IN NO EVENT SHALL ABLE BE LIABLE TO CLIENT FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER, ARISING IN CONTRACT, TORT OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ABLE'S ENTIRE LIABILITY AND CLIENT'S EXCLUSIVE REMEDY FOR DAMAGES FROM ANY CAUSE WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, NONPERFORMANCE OR MISREPRESENTATION, AND REGARDLESS OF THE FORM OF ACTIONS, SHALL BE LIMITED TO THE AMOUNT WHICH HAS BEEN ACTUALLY PAID TO ABLE BY CLIENT FOR SERVICES AND/OR PERFORMANCE HEREUNDER. Without limiting the foregoing, ABLe will have no responsibility for the adequacy or performance of (i) any third party software provided to ABLe under this agreement; (ii) any hardware, and (iii) any services provided by any third party. 7. Non-Solicitation Provision. During the term of this agreement and for twelve (12) months thereafter, CLIENT will not solicit for a permanent or other position any employee or subcontractor of ABLe to whom the CLIENT was introduced as a result of this agreement. Should CLIENT solicit and/or hire an employee or contractor from ABLE, CLIENT shall pay to ABLE an administrative fee equal to 1 year's salary of the employee's new starting salary based on the CLIENT's employment offer. 8. Force Majeure. Neither party shall be liable for any failure or delay in performance of its obligations hereunder where such performance is prevented or delayed by causes beyond its reasonable control, including without limitation, flood, war, embargo, strike or other labor dispute, riot, acts of God or the intervention of any government authority. 9. Choice of Law and Venue. The parties will attempt to settle any claim or controversy arising under this agreement through consultation and negotiation in good faith and a spirit of mutual cooperation. This agreement and all matters relating thereto shall be governed exclusively by the substantive law of the State of Texas. Any dispute relating directly or indirectly to this agreement or any other contract or agreement between the parties which cannot be resolved through the process of consultation and negotiation shall be brought in a court of competent jurisdiction in Tarrant County, Texas, that being the exclusive venue for any dispute between or any claims held by any of the parties to this agreement. 10. Miscellaneous. This agreement constitutes the entire agreement of the parties and supersedes all prior written or oral agreements, representations and understandings relating to the subject matter hereof, with the exception of a valid Master Agreement between the parties under the terms of which this agreement shall be incorporated. This agreement shall not be amended or modified except by written instrument signed by the parties. Should additional work beyond the scope of the Services detailed herein by ABLe be requested by CLIENT, fees for such additional Services will be negotiated with CLIENT prior to performing such work and will be memorialized in writing between the Parties by utilizing a Change Order request form ("CO") or an additional agreement as appropriate. ABLe will invoice CLIENT for any additional work performed and expenses incurred which are not described in this agreement. The Parties agree that neither may assign its rights or duties under this contract without the prior written consent of the other Party, which consent shall not be unreasonably withheld. 11. Severability. The provisions of this Agreement are severable. If any provision of this Agreement or its application to any person or circumstance is ever held by any court of competent jurisdiction to be invalid for any reason, the remainder of this Agreement and the application of such provision or part of this Agreement to other persons or circumstances shall not be affected. Authorization to Proceed The use of signatures on this Proposal is to ensure agreement on project objectives and the work to be performed by ABLe. ABLe signature signifies our commitment to proceed with the project as described in this document. Please review this document thoroughly, as it will be the basis for all work performed by ABLe on this project. This Proposal is valid for a period of sixty (60) days from the date that this proposal is provided by ABLe to CLIENT unless otherwise agreed to by both parties. THE INDIVIDUAL SIGNING BELOW HEREBY REPRESENTS AND WARRANTS THAT SHE/HE IS DULY AUTHORIZED TO EXECUTE AND DELIVER THIS AGREEMENT ON BEHALF OF THE CLIENT AND THAT THIS AGREEMENT IS BINDING UPON ABLE COMMUNICATIONS, INC. IN ACCORDANCE WITH ITS TERMS AND CONDITIONS DESCRIBED HEREIN. City of Kennedale Danielle Clarke __________________________________ Printed Name and Title __________________________________ Signature __________________________________ Signature Date __________________________________ PURCHASE ORDER # ABLe Communications, Inc. Hiram C. Lopez, RCDD - President Printed Name and Title __________________________________ Signature __________________________________ Signature Date 19-516 - City Council Chamber Upgrade QUOTE Please sign and return the entire document to fax number 972-660-2254 or sales@ablecomm.net. Thank you! Council Chambers Upgrade Proposal Matrix Company Amount ABLe Communications (recommended) $49,964.00 DataVox $49,980.69 Videotex Systems $49,779.68 Crowne Audio Video $65,364.92 STAFF REPORT TO THE HONORABLE MAYOR AND CITY COUNCIL Date: July 16, 2019 Agenda Item No: DECISION ITEMS - D. I. Subject: Hold a public hearing and consider a request by ODAAT 52, LLC for a variance at 1375 Gilman Road to sell alcoholic beverages within 300 feet of a church, public or private school, or public hospital as required by Municipal Code, Article XI, Section 11.274 II. Originated by: III. Summary: The owner of 1375 Gilman Road, ODAAT 52, LLC (Adlai Pennington), requested a variance from the requirement in the municipal code that establishments that the sale of alcohol be 300 feet or more from a church. This distance requirement is part of the municipal code only, and is not required by the State. The owner of this property plans to open an entertainment venue that will sell alcohol, and the property is less than 300 feet from a church. The church leases their property from the applicant. The property is located close to I-20 in a primarily commercial area, although there are some residences to the south and east. Notices were sent to all property owners within a 200 foot radius of the applicant property, and staff has not received any notices of opposition. Given the location of this proposed venue and the fact that staff has not received any letters or communication of opposition, staff recommends approval. Staff will be available to answer questions. IV. Fiscal Impact Summary: V. Legal Impact: VI. Recommendation: VII. Alternative Actions: VIII. Attachments: STAFF REPORT TO THE HONORABLE MAYOR AND CITY COUNCIL Date: July 16, 2019 Agenda Item No: DECISION ITEMS - E. I. Subject: Case #PZ19-02 — Hold a public hearing and consider an ordinance and request by Spirals Gymnastics, Inc. for a rezoning from "PD-UV" Planned Development Urban Village to "UV" of approximately 2 acres at 1083 Bowman Springs Road, Block 1, Lot 19R, Woodlea Acres Addition, City of Kennedale, Texas II. Originated by: Melissa Dailey, Director of Planning & Economic Development III. Summary: BACKGROUND AND OVERVIEW Request Rezone from “PD-UV” Planned Development Urban Village to “UV” Urban Village Applicant Spirals Gymnastics, Inc. Location 1083 Bowman Springs Road Surrounding Uses Single family, schools, industrial Surrounding Zoning PD-UV1, R3, R1 Future Land Use Plan Designation Residential Staff Recommendation Approve CURRENT STATUS OF PROPERTY The property is currently in use by Spiral Gymnastics, Inc. SURROUNDING PROPERTIES & NEIGHBORHOOD The property fronts Bowman Springs Road, an arterial thoroughfare that connects Kennedale Parkway to Interstate 20 to the northeast. Surrounding properties are mixed and include the Fellowship Academy, Kennedale Junior High School, single family, vacant commercially zoned property, and an industrial park. STAFF REVIEW Future Land Use Plan The Future Land Use Plan indicates this property as residential but adjacent to Urban Village at the corner of Bowman Springs and Kennedale Parkway The UV District is established to provide an area with an intense mix of uses in a compact, walkable urban form, transitioning down in intensity toward and complementing surround residential neighborhoods. Given the location fronting an arterial roadway, a mix of uses is appropriate for this site and this commercial corridor. Related Goals From the Comprehensive Land Use Plan The comprehensive plan goal related to this rezoning request falls under: PRINCIPLE 1: CONNECTED CITY. SUPPORTING A WALKABLE BUILT ENVIRONMENT. As land development creates the demand to travel, ensure that it reduces the need to drive by providing ample direct connections for pedestrians, bicycles, and transit. PRINCIPLE 2: ECONOMIC PROSPERITY. PROMOTE ACCESS TO HOUSING. Providing housing options for people of varying financial means and residential preferences. Provide the regulatory framework and developer support to provide quality housing for residents. Create job opportunities in Kennedale that help stabilize the local tax base and allow residents to work close to home. PRINCIPLE 3: THRIVING COMMUNITY. CREATE VIBRANT CENTERS. Promote social integration and economic activity through the development of different scale centers throughout the community. City Council Ends Statements and Goals Kennedale has excellent neighborhoods and a wide range of home options. Business uses are compatible with residential areas. Well planned community based on principles of a connected city, economic prosperity, and a thriving community. SUMMARY The property owner worked with City staff in 2015 to rezone the property to PD-UV1, with the anticipation of a new zoning code being adopted and the property zoning then changed to UV. The Unified Development Code (UDC) was adopted by City Council in 2016. The owner is following up on the plan to rezone to UV now that that zoning category is available. The existing building on the site alone would not meet the UV requirements and would become a legal non-conforming use. However, any changes to the building or to the property would need to comply with UV zoning requirements. Staff believes that UV is an appropriate use for this site and creates the potential of high-quality mixed- use development in the future. The Planning & Zoning Commission denied the request to rezone with a 4-3 vote at their regular meeting on June 27, 2019. STAFF RECOMMENDATION Based on the above analysis, staff recommends approval of the rezoning. ACTION BY THE CITY COUNCIL Approval: Based on the information presented, I find that the request meets city requirements and is in compliance with the comprehensive land use plan and make a motion to approve the request for rezoning. Approval with Conditions: Based on the information presented, I find that the request meets city requirements and is in compliance with the comprehensive land use plan and make a motion to approve the request for rezoning with the following conditions (list conditions). Deny: Based on the information presented, I find that the proposed use does not meet (list standards or requirements not met) and make a motion to deny the request. IV. Fiscal Impact Summary: V. Legal Impact: VI. Recommendation: Approve VII. Alternative Actions: VIII. Attachments: 1.O667_1083BowmanSpringsZoningUV_Spirals_PZ19 -02 O667_1083BowmanSpringsZoningUV_Spirals_PZ19- 02.pdf PAGE 1 OF 4, INCLUDING “EXHIBIT A” O667 CITY OF KENNEDALE, TX 2019 ORDINANCE NO. 667 AN ORDINANCE AMENDING THE UNIFIED DEVELOPMENT CODE OF THE CITY OF KENNEDALE, TEXAS, BY CHANGING THE ZONING CLASSIFICATION OF CERTAIN PROPERTY WITHIN THE CITY OF KENNEDALE, BEING APPROXIMATELY 1.88 ACRES DESCRIBED AS LOT 1, BLOCK 19R, WOODLEA ACRES ADDITION, FROM “PD-UV1” PLANNED DEVELOPMENT URBAN VILLAGE DISTRICT TO “UV” URBAN VILLAGE DISTRICT; PROVIDING FOR THE AMENDMENT OF THE OFFICIAL ZONING MAP TO REFLECT SUCH CHANGE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR A PENALTY CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Kennedale, Texas is a home rule 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; and WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has adopted a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential or other purposes, for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and WHEREAS, a change in the zoning classification of the property listed below was requested by a person or entity having a proprietary interest in said property; and WHEREAS, a public hearing was duly held by the Planning and Zoning Commission of the City of Kennedale on June 27, 2019, and by the City Council of the City of Kennedale on July 16, 2019, with respect to the zoning change described herein; and WHEREAS, all requirements of law dealing with notice to other property owners, publication and all procedural requirements have been complied with in accordance with Chapter 211 of the Local Government Code; and WHEREAS, the City Council of the City of Kennedale, Texas does hereby deem it advisable and in the public interest to amend the Unified Development Code, as amended, as described herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KENNEDALE, TEXAS THAT: PAGE 2 OF 4, INCLUDING “EXHIBIT A” O667 CITY OF KENNEDALE, TX 2019 SECTION 1. The Unified Development Code, as amended, is hereby amended so that the permitted uses in the hereinafter described area shall be altered, changed and amended as shown and described below: Approximately 1.88 acres, located at 1083 Bowman Springs Road, and being described as Lot 1, Block 19R, Woodlea Acres, Tarrant County, Texas, on the illustration attached hereto as Exhibit “A” and incorporated herein for all purposes of this ordinance, is hereby rezoned from “PD-UV1” Planned Development Urban Village District to “UV” Urban Village District. SECTION 2. The zoning districts and boundaries as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals, and general welfare of the community. They have been designed to lessen congestion in the streets, to secure safety from fire, panic, flood and other dangers, to provide adequate light and air, to prevent overcrowding of land, to avoid undue concentration of population, to facilitate the adequate provisions of transportation, water, sewerage, parks and other public requirements. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses allowed and with a view of conserving the value of the buildings and encouraging the most appropriate use of land throughout the community. SECTION 3. The City Secretary is hereby directed to amend the official zoning map to reflect the changes in classifications approved herein. SECTION 4. The use of the property hereinabove described shall be subject to all the applicable regulations contained in the Unified Development Code, as amended, and all other applicable and pertinent ordinances of the City of Kennedale, Texas. SECTION 5. This Ordinance shall be cumulative of the Unified Development Code, as amended, and all other Ordinances of the City of Kennedale affecting zoning and land use, and shall not repeal any of the provisions of such ordinances except in those instances where provisions of such ordinances are in direct conflict with the provisions of this ordinance. SECTION 6. All rights or remedies of the City of Kennedale, Texas are expressly saved as to any and all violations of Unified Development Code, as amended, that have accrued at the time of the effective date of this Ordinance and as to such accrued violations and all pending litigation, both civil and criminal, same shall not be affected by this Ordinance but may be prosecuted until final disposition by the Courts. PAGE 3 OF 4, INCLUDING “EXHIBIT A” O667 CITY OF KENNEDALE, TX 2019 SECTION 7. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs, and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 8. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 9. The City Secretary of the City of Kennedale is hereby directed to publish the ordinance as required by law. SECTION 10. This ordinance shall be in full force and effect from and after its passage and publication as required by law and it is so ordained PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF KENNEDALE, TEXAS, THIS THE 16TH DAY OF JULY, 2019. APPROVED: ______________________________ MAYOR BRIAN JOHNSON ATTEST: [ C I T Y S E A L ] ______________________________ CITY SECRETARY LESLIE E. GALLOWAY APPROVED AS TO FORM AND LEGALITY: ______________________________ CITY ATTORNEY DREW LARKIN PAGE 4 OF 4, INCLUDING “EXHIBIT A” O667 CITY OF KENNEDALE, TX 2019 ORDINANCE NO. 667 “EXHIBIT A” STAFF REPORT TO THE HONORABLE MAYOR AND CITY COUNCIL Date: July 16, 2019 Agenda Item No: DECISION ITEMS - F. I. Subject: Case #PZ19-03 — Hold a public hearing and consider an ordinance and request by Water Tank Services, LLC for a modification to the "PD" Planned Development, Ordinance 561, Section 2.7 related to building materials at 6901 Mansfield Cardinal Road, Lot 4, Jesse Russell Addition, City of Kennedale, Texas II. Originated by: Melissa Dailey, Director of Planning & Economic Development III. Summary: BACKGROUND AND OVERVIEW Request Modify Section 2.7 of PD Ordinance 561 to remove requirement for owner to apply masonry veneer to existing exterior facades Applicant Water Tank Services, LLC Location 6901 Mansfield Cardinal Road Surrounding Uses Single family, schools, industrial Surrounding Zoning MH, R2, R3, C2 Future Land Use Plan Designation Residential Staff Recommendation Approve CURRENT STATUS OF PROPERTY The property has a metal building onsite currently used by Water Tank Services, LLC. This is a well maintained property that has improved when Water Tank Services, LLC purchased the property. The property owner has met all other requirements of the PD including landscaping and screening. SURROUNDING PROPERTIES & NEIGHBORHOOD The property fronts Mansfield Cardinal Road, and collector street, and is south of Eden Road close to the Kennedale city limit. There are a mix of uses in the area, including a mobile home park adjacent to the south, larger lot single family, vacant land, and a large industrial use to the north. Several large parcels across the street from this property are zoned “C2” commercial. STAFF REVIEW Future Land Use Plan The Future Land Use Plan indicates this property as residential. Related Goals From the Comprehensive Land Use Plan The comprehensive plan goal related to this rezoning request falls under: PRINCIPLE 2: ECONOMIC PROSPERITY. PROMOTE ACCESS TO HOUSING. Promote access to jobs. Create job opportunities in Kennedale that help stabilize the local tax base and allow residents to work close to home. Support sustainable business practices. Encourage businesses to conduct their operations in support of the local economy to maximize growth and available resources. City Council Ends Statements and Goals Business uses are compatible with residential areas. Well planned community based on principles of a connected city, economic prosperity, and a thriving community. SUMMARY This property has been well maintained and the current owners have substantially improved the property aesthetics. The metal building on the site was in existence on the site when the owner purchased it. Most of the surrounding properties do not have brick facades. Staff believes that the requirement to brick the façade of the building is not necessary for compatibility for this area, and that the owners have maintained the property in such as a way as to create a high standard of curb appeal. Removing the requirement to brick the façade would not remove this requirement for any future buildings on the site. The Planning & Zoning Commission approved the request with a unanimous vote at their regular meeting on June 27, 2019. STAFF RECOMMENDATION Based on the above analysis, staff recommends approval of the rezoning. ACTION BY THE CITY COUNCIL Approval: Based on the information presented, I find that the request meets city requirements and is in compliance with the comprehensive land use plan and make a motion to approve the request for rezoning. Approval with Conditions: Based on the information presented, I find that the request meets city requirements and is in compliance with the comprehensive land use plan and make a motion to approve the request for rezoning with the following conditions (list conditions). Deny: Based on the information presented, I find that the proposed use does not meet (list standards or requirements not met) and make a motion to deny the request. IV. Fiscal Impact Summary: V. Legal Impact: VI. Recommendation: Approve VII. Alternative Actions: VIII. Attachments: 1.O668_6901 Mansfield Cardinal revising building material requirements O668_6901 Mansfield Cardinal revising building material requirements.pdf PAGE 1 OF3 O668 CITY OF KENNEDALE, TX 2019 ORDINANCE NO. 668 AN ORDINANCE AMENDING ORDINANCE NO. 561, BY REVISING THE REQUIREMENTS FOR BUILDING MATERIALS IN THE “PD” PLANNED DEVELOPMENT ZONING DISTRICT FOR PROPERTY LOCATED AT 6901 MANSFIELD CARDINAL ROAD, LOT 4, JESSE RUSSELL ADDITION IN THE CITY OF KENNEDALE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Kennedale, Texas, is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5, of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the City Council has adopted a Unified Development Code that regulates the location and use of buildings, other structures and land for business, industrial, residential or other purposes, for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan and that otherwise regulates the development and use of properties within the city limits of the City of Kennedale; and WHEREAS, the City of Kennedale, by Ordinance No. 561, previously approved a Planned Development zoning district for property located at 6901 Mansfield Cardinal Road, Lot 4, Jesse Russell Addition, City of Kennedale, Texas (“Property”); and WHEREAS, the owner of the Property has applied for an amendment to the “PD” Planned Development District to change the requirement for masonry requirements on existing buildings; and WHEREAS, a public hearing was duly held by the Planning and Zoning Commission of the City of Kennedale on the 27th day of June, 2019, and by the City Council of the City of Kennedale on the 16th day of July, 2019, with respect to the zoning changes described herein; and WHEREAS, all requirements of law dealing with notice to other property owners, publication and all procedural requirements have been complied with in accordance with Chapter 211 of the Local Government Code; and WHEREAS, the City Council does hereby deem it advisable and in the public interest to make the amendments described herein. PAGE 2 OF3 O668 CITY OF KENNEDALE, TX 2019 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KENNEDALE, TEXAS: SECTION 1. Section 2 of Ordinance No. 561 is amended by revising subsection 2.7 to read as follows: 7. Building Materials: All primary structures constructed after the date this ordinance is adopted shall have exterior building materials of 80% masonry, as that term is defined in Section 32.2 of the Kennedale Unified Development Code. SECTION 2. This Ordinance shall be cumulative of all provisions of Ordinance No. 561, as amended, and of the Code of Ordinances of the City of Kennedale, Texas, as amended, including but not limited to all Ordinances of the City of Kennedale affecting zoning and land use, and shall not repeal any of the provisions of such ordinances except in those instances where provisions of such ordinances are in direct conflict with the provisions of this ordinance. SECTION 3. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 4. All rights or remedies of the City of Kennedale, Texas are expressly saved as to any and all violations of any ordinances governing land use or of any amendments thereto that have accrued at the time of the effective date of this Ordinance and as to such accrued violations and all pending litigation both civil and criminal, same shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. SECTION 5. It is hereby declared to be the intention of the City Council that the phrases clauses sentences paragraphs and sections of this ordinance are severable and if any phrase, clause, sentence, paragraph, or section of this ordinance shall be declared invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction such invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this ordinance since the same would have been enacted by the City Council without the incorporation in this ordinance of any such invalid or unconstitutional phrase, clause, sentence, paragraph, or section. PAGE 3 OF3 O668 CITY OF KENNEDALE, TX 2019 SECTION 6. The City Secretary of the City of Kennedale is hereby directed to publish the ordinance as required by law. SECTION 7. This ordinance shall be in full force and effect from and after its passage and publication as required by law and it is so ordained. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF KENNEDALE, TEXAS, THIS THE 16TH DAY OF JULY, 2019. APPROVED: ______________________________ MAYOR BRIAN JOHNSON ATTEST: [ C I T Y S E A L ] ______________________________ CITY SECRETARY LESLIE E. GALLOWAY APPROVED AS TO FORM AND LEGALITY: ______________________________ CITY ATTORNEY DREW LARKIN STAFF REPORT TO THE HONORABLE MAYOR AND CITY COUNCIL Date: July 16, 2019 Agenda Item No: DECISION ITEMS - G. I. Subject: Case #PZ19-04 — Hold a public hearing and consider an ordinance and request by KD Hammack Creek Housing, LP for a rezoning from “AG” Agricultural to “UV” Urban Village for approximately 12 acres located at 406 Crestview Drive, Block 2, Lot 1, Hammack Creek Addition, 121 E Kennedale Parkway, Block 2, Lot 2, Hammack Creek Addition, 129 E. Kennedale Parkway, Block 2, Lot 3, Hammack Creek Addition, 220 Kennedale Sublett Rd, Block 2, Lot 4, Hammack Creek Addition, 337 Kennedale Sublett Road, Jesse B Renfro Survey, Abstract 1260, Tract 3D, and 345 Kennedale Sublett Road, Jesse B Renfro Survey, Abstract 1260, Tract 3D01, City of Kennedale, Tarrant County, Texas II. Originated by: III. Summary: BACKGROUND AND OVERVIEW Request Rezone from “AG” Agricultural to “UV” Urban Village Applicant KD Hammack Creek Housing, LP Location 406 Crestview Dr., 121 E. Kennedale Parkway, 129 E. Kennedale Parkway, 220 Kennedale Sublett Rd, 337 Kennedale Sublett Rd, 345 Kennedale Sublett Rd Surrounding Uses Single family, gas well, vacant land Surrounding Zoning C1, C2, R3, OT2, OT3, OT4, PD Future Land Use Plan Designation Commercial, residential Staff Recommendation Approve CURRENT STATUS OF PROPERTY The 12-acre property fronts Kennedale Parkway and Kennedale Sublett Road. It is currently vacant land and has been vacant for many years. SURROUNDING PROPERTIES & NEIGHBORHOOD Surrounding property is mixed and is primarily commercial and single family. Retail uses include a fast food restaurant, auto parts store, gas station, retail strip center, and nearby Town Center. A cemetery is located across Kennedale Sublett Road, and the Crestdale single family neighborhood is adjacent to the north. STAFF REVIEW Future Land Use Plan The Future Land Use Plan indicates this property as residential. Commercial uses are planned along Kennedale Parkway. Related Goals From the Comprehensive Land Use Plan The comprehensive plan goal related to this rezoning request falls under: PRINCIPLE 1: CONNECTED CITY. SUPPORTING A WALKABLE BUILT ENVIRONMENT. As land development creates the demand to travel, ensure that it reduces the need to drive by provide ample direct connections for pedestrians, bicycles and transit. PRINCIPLE 2: ECONOMIC PROSPERITY. PROMOTE ACCESS TO HOUSING. Providing housing options for people of varying financial means and residential preferences. Provide the regulatory framework and developer support to provide quality housing for residents. Create job opportunities in Kennedale that help stabilize the local tax base and allow residents to work close to home. PRINCIPLE 3: THRIVING COMMUNITY. CREATE VIBRANT CENTERS. Promote social integration and economic activity through the development of different scale centers throughout the community. City Council Ends Statements and Goals Kennedale has excellent neighborhoods and a wide range of home options. Business uses are compatible with residential areas. Well planned community based on principles of a connected city, economic prosperity, and a thriving community. SUMMARY The developer for this property plans a mixed use development to include apartments, townhomes, retail and offices uses in a walkable community. The future land use plans envisions this area as a mix of commercial and residential, which is what is planned on the site. Attracting additional business and employment as well as a variety of housing types is important to the economic viability and quality of life for the city. Kennedale Parkway and this site specifically offers significant opportunity for this type of mixed-use development, and this proposed development would serve as a catalyst for other developers to bring similar investment along the corridor. Higher density housing in a mixed-use development like the Village at Hammack Creek makes the retail and office development viable while providing quality housing for the community. The proximity to Town Center will provide a synergy of uses, improving the viability of Town Center. The Planning & Zoning Commission approved the request to rezone with a 4-2-1 vote at their regular meeting on June 27, 2019. STAFF RECOMMENDATION Based on the above analysis, staff recommends approval of the rezoning. ACTION BY THE CITY COUNCIL Approval: Based on the information presented, I find that the request meets city requirements and is in compliance with the comprehensive land use plan and make a motion to approve the request for rezoning. Approval with Conditions: Based on the information presented, I find that the request meets city requirements and is in compliance with the comprehensive land use plan and make a motion to approve the request for rezoning with the following conditions (list conditions). Deny: Based on the information presented, I find that the proposed use does not meet (list standards or requirements not met) and make a motion to deny the request. IV. Fiscal Impact Summary: V. Legal Impact: VI. Recommendation: VII. Alternative Actions: VIII. Attachments: 1.O669_Rezoning Hammack Creek O669_Rezoning Hammack Creek.pdf PAGE 1 OF 4 O669 CITY OF KENNEDALE, TX 2019 ORDINANCE NO. 669 AN ORDINANCE AMENDING THE UNIFIED DEVELOPMENT CODE OF THE CITY OF KENNEDALE, TEXAS, BY CHANGING THE ZONING CLASSIFICATION OF CERTAIN PROPERTY WITHIN THE CITY OF KENNEDALE, BEING APPROXIMATELY 12 ACRES LOCATED AT 406 CRESTVIEW DRIVE, BLOCK 2, LOT 1, HAMMACK CREEK ADDITION, 121 E KENNEDALE PARKWAY, BLOCK 2, LOT 2, HAMMACK CREEK ADDITION, 129 E. KENNEDALE PARKWAY, BLOCK 2, LOT 3, HAMMACK CREEK ADDITION, 220 KENNEDALE SUBLETT RD, BLOCK 2, LOT 4, HAMMACK CREEK ADDITION, 337 KENNEDALE SUBLETT ROAD, JESSE B RENFRO SURVEY, ABSTRACT 1260, TRACT 3D, AND 345 KENNEDALE SUBLETT ROAD, JESSE B RENFRO SURVEY, ABSTRACT 1260, TRACT 3D01, CITY OF KENNEDALE, TEXAS, FROM “AG” AGRICULTURAL DISTRICT TO “UV” URBAN VILLAGE DISTRICT; PROVIDING FOR THE AMENDMENT OF THE OFFICIAL ZONING MAP TO REFLECT SUCH CHANGE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR A PENALTY CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Kennedale, Texas, is a home rule 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; and WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has adopted a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential or other purposes, for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and WHEREAS, a change in the zoning classification of the property listed below was requested by a person or entity having a proprietary interest in said property; and WHEREAS, a public hearing was duly held by the Planning and Zoning Commission of the City of Kennedale on June 27, 2019, and by the City Council of the City of Kennedale on July 16, 2019, with respect to the zoning change described herein; and WHEREAS, all requirements of law dealing with notice to other property owners, publication and all procedural requirements have been complied with in accordance with Chapter 211 of the Local Government Code; and PAGE 2 OF 4 O669 CITY OF KENNEDALE, TX 2019 WHEREAS, the City Council of the City of Kennedale, Texas does hereby deem it advisable and in the public interest to amend the Unified Development Code, as amended, as described herein. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KENNEDALE, TEXAS, THAT: SECTION 1. The Unified Development Code, as amended, is hereby amended so that the classification and permitted uses in the hereinafter described area shall be altered, changed and amended as described below: Approximately 12 acres located at 406 Crestview Drive, Block 2, Lot 1, Hammack Creek Addition, 121 E Kennedale Parkway, Block 2, Lot 2, Hammack Creek Addition, 129 E. Kennedale Parkway, Block 2, Lot 3, Hammack Creek Addition, 220 Kennedale Sublett Rd, Block 2, Lot 4, Hammack Creek Addition, 337 Kennedale Sublett Road, Jesse B Renfro Survey, Abstract 1260, Tract 3D, and 345 Kennedale Sublett Road, Jesse B Renfro Survey, Abstract 1260, Tract 3D01, City of Kennedale, Tarrant County, Texas, is hereby rezoned from “AG” Agricultural District to “UV” Urban Village District. SECTION 2. The zoning districts and boundaries as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals, and general welfare of the community. They have been designed to lessen congestion in the streets, to secure safety from fire, panic, flood and other dangers, to provide adequate light and air, to prevent overcrowding of land, to avoid undue concentration of population, to facilitate the adequate provisions of transportation, water, sewerage, parks and other public requirements. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses allowed and with a view of conserving the value of the buildings and encouraging the most appropriate use of land throughout the community. SECTION 3. The City Secretary is hereby directed to amend the official zoning map to reflect the changes in classifications approved herein. PAGE 3 OF 4 O669 CITY OF KENNEDALE, TX 2019 SECTION 4. The use of the property hereinabove described shall be subject to all the applicable regulations contained in the Unified Development Code, as amended, and all other applicable and pertinent ordinances of the City of Kennedale, Texas. SECTION 5. This Ordinance shall be cumulative of the Unified Development Code, as amended, and all other Ordinances of the City of Kennedale affecting zoning and land use, and shall not repeal any of the provisions of such ordinances except in those instances where provisions of such ordinances are in direct conflict with the provisions of this ordinance. SECTION 6. All rights or remedies of the City of Kennedale, Texas are expressly saved as to any and all violations of Unified Development Code, as amended, that have accrued at the time of the effective date of this Ordinance and as to such accrued violations and all pending litigation, both civil and criminal, same shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. SECTION 7. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs, and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such invalid or unconstitutional phrase, clause, sentence, paragraph or section. SECTION 8. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 9. The City Secretary of the City of Kennedale is hereby directed to publish the ordinance as required by law. PAGE 4 OF 4 O669 CITY OF KENNEDALE, TX 2019 SECTION 10. This ordinance shall be in full force and effect from and after its passage and publication as required by law and it is so ordained. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF KENNEDALE, TEXAS, THIS THE 16TH DAY OF JULY, 2019. APPROVED: ______________________________ MAYOR BRIAN JOHNSON ATTEST: [ C I T Y S E A L ] ______________________________ CITY SECRETARY LESLIE E. GALLOWAY APPROVED AS TO FORM AND LEGALITY: ______________________________ CITY ATTORNEY DREW LARKIN STAFF REPORT TO THE HONORABLE MAYOR AND CITY COUNCIL Date: July 16, 2019 Agenda Item No: DECISION ITEMS - H. I. Subject: Consider approval of Ordinance 665, amending Chapter 15 “Nuisances” of the Kennedale Municipal Code to add regulations regarding residential outdoor storage II. Originated by: Melissa Dailey, Director of Planning & Economic Development III. Summary: Code Compliance regularly receives complaints from residents about trash or junk in residential front yards. Staff has been proactively addressing trash and debris issues throughout the City with the goal of improving the aesthetics and quality of life for residents. Municipal code addresses and defines items such as junk and rubbish, and prohibits them. However, there are circumstances in which a property has a significant number of various items stored in the front yard that may not be considered trash or junk by the property owner. The addition of an ordinance regulating what, where, and how items are stored outside would assist Code Compliance staff in equitably regulating outdoor storage that can be seen from the public right-of-way. Currently, the City does not have outdoor storage regulations for residential properties. The purpose of a residential outdoor storage ordinance would be to allow residents to store appropriate items on their properties, address hazards and safety issues, and improve aesthetics in neighborhoods. City staff presented proposed regulations for residential outdoor storage for Council discussion at the regular Council meeting on June 20, 2019. Regulations discussed included identification of items that would be exempt from regulation, such as porch furniture or toys, and items that would be subject to regulation, as well as required screening of those items subject to regulation. Pursuant to Council discussion and direction, an ordinance has been drafted to address residential outdoor storage and is attached. Staff is recommending approval of the ordinance and will be available at this Council meeting to respond to questions. IV. Fiscal Impact Summary: V. Legal Impact: VI. Recommendation: Approve VII. Alternative Actions: VIII. Attachments: 1.O665_Outdoor Storage Regulations O665_Outdoor Storage Regulations.pdf PAGE 1 OF 4 O665 CITY OF KENNEDALE, TX 2019 ORDINANCE NO. 665 AN ORDINANCE OF THE CITY OF KENNEDALE, TEXAS, AMENDING CHAPTER 15 “NUISANCES” OF THE CODE OF ORDINANCES BY ADDING A NEW ARTICLE VI “OUTDOOR STORAGE”; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY FOR VIOLATIONS; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Kennedale, Texas is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the City Council desires to regulate outdoor storage on residential property to further advance the City Council’s objective of supporting great neighborhoods within the City of Kennedale; and WHEREAS, the City Council finds that regulating outdoor storage on residential property is necessary for the health, safety and welfare of the general public, and the protection of landowners and residents of the City of Kennedale. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KENNEDALE, TEXAS, THAT: SECTION 1. That Chapter 15 “Nuisances,” of the Kennedale Code of Ordinances is hereby amended by adding a new Article VI. “Outdoor Storage,” to read as follows: “ARTICLE VI. – OUTDOOR STORAGE Sec. 15-170. – Outdoor Storage. (a) For the purposes of this section, outside storage includes, but is not limited to, the following items stored other than in an enclosed building: (1) Building materials; (2) Supplies associated with home occupation; (3) Equipment or materials not typically associated with residential use; (4) Chemicals, pool equipment, and lawn materials; (5) Play equipment such as play structures, trampolines, and moveable swimming pools; PAGE 2 OF 4 O665 CITY OF KENNEDALE, TX 2019 (6) Furniture intended or designed for indoor use; (7) Appliances intended or designed for indoor use; (8) Building fixtures designed for indoor use; (9) Motor vehicle parts or accessories; (10) Barbeque grills, lawn maintenance equipment, or firewood; (11) Agricultural equipment; or (12) Other items or personal property which are not customarily used or stored outside and which are not made of a material that is resistant to damage or deterioration from exposure to the outside environment. (b) It is unlawful for any person to suffer, allow, permit, conduct, or maintain any outside storage on any residential lot or tract within the City of Kennedale. Each day during which outside storage occurs is a separate offense. (c) The following are affirmative defenses to prosecution under subsection (b): (1) That the outside storage is of a type described in subsection (a)(1), and building materials stored on site are: (a) actively used in a construction project for which a valid permit is in effect and for which reasonable progress is being made or the building materials are associated with work of a nature for which no permit is required, and the materials are stored on site for only one period of time no longer than ten (10) consecutive days; or (b) stored in the rear yard and are screened. (2) That the outside storage is of a type described in subsection (a)(2)-(12), and is stored in the rear yard and screened. (3) That the outside storage is of a type described in (a)(10) and is located in the side or rear yard. Such items located in the rear or side yard are not required to be screened. (4) That the outside storage is of a type described in (a)(11) on a residential lot or tract greater than two acres, two of which may be trailers parked on an unimproved surface; provided, however, that the surface must be behind the front building line and a minimum of 150 feet from the street and adjacent property lines. (5) That the outside storage are the following items and stored under a carport on a lot or tract on which there is no garage: (a) washer or dryer which is connected and regularly used; PAGE 3 OF 4 O665 CITY OF KENNEDALE, TX 2019 (b) Furniture designed for outdoor use; (c) motorized lawn equipment; (d) storage containers, if stored in an orderly manner against permanent wall; or (e) household items, yard tools, and cleaning implements, if stored in an orderly manner against a permanent wall using a pegboards, shelves, hoods, storage containers, or tool chests. (6) That the outside storage are the following items: (a) Moveable toys and play equipment such as tricycles, pedal cars, and basketball goals; (b) Furniture designed and intended for outdoor use; or (c) Play structures located at a state licensed daycare. (d) For the purposes of this section, “screened” means screened from view from the public right-of-way by a solid fence, wall, landscaping, or other material allowed by City regulations. SECTION 2. This Ordinance shall be cumulative of all provisions of all ordinances of the City of Kennedale, Texas, and the Kennedale Code of Ordinances, as amended, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. SECTION 3. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this Ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any of the remaining, phrase, clauses, sentences, paragraphs or sections of this Ordinance since the same would have been enacted by the City Council without incorporation in this Ordinance of any such invalid or unconstitutional phrase, clause, sentence, paragraph or section. SECTION 4. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than $2,000.00 for all violations involving zoning, fire safety, or public health and sanitation, including dumping or refuse, and shall be fined $500.00 for all other violations of this ordinance. Each day that a violation is permitted to exist shall constitute a separate offense. PAGE 4 OF 4 O665 CITY OF KENNEDALE, TX 2019 SECTION 5. The City Secretary of the City of Kennedale is hereby directed to publish this Ordinance as required by law. SECTION 6. This Ordinance shall take effect after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF KENNEDALE, TEXAS, THIS THE 16TH DAY OF JULY, 2019. APPROVED: ______________________________ MAYOR BRIAN JOHNSON ATTEST: [ C I T Y S E A L ] ______________________________ CITY SECRETARY LESLIE E. GALLOWAY APPROVED AS TO FORM AND LEGALITY: ______________________________ CITY ATTORNEY DREW LARKIN STAFF REPORT TO THE HONORABLE MAYOR AND CITY COUNCIL Date: July 16, 2019 Agenda Item No: DECISION ITEMS - I. I. Subject: Consider approval of Ordinance 666, amending Chapter 11 “Licenses, Taxation and Miscellaneous Business Regulations” of the Kennedale Municipal Code to add regulations regarding short-term rentals II. Originated by: Melissa Dailey, Director of Planning & Economic Development III. Summary: Staff has received numerous complaints regarding short-term rentals (STRs) located in residential neighborhoods. Currently there are several STRs listed with Airbnb, and these are not regulated by city ordinance. STRs are defined as rental of residential property for less than 30 days. Complaints received have focused on noise, excessive number of parked vehicles, trash left on lawns, concern regarding “party houses”, and the effect of STRs on the stability of neighborhoods. Many cities in Texas have created regulations for short-term rentals. Staff provided information on the issue at the May 2019 Council meeting in work session, including possible general approaches to address the issue. Council directed staff to provide STR regulations for discussion at the next Council meeting. At the regular Council meeting work session on June 20, 2019, staff presented potential regulations for STRs. These regulations would allow for STRs but provide for annual permitting, certificates of occupancy, and certain requirements to ensure public safety and address neighborhood concerns. Council discussed possible regulations and directed staff to proceed in drafting an ordinance for consideration. The following regulations are included in the attached STR ordinance: • STRs would be allowed in all “R” zoning districts and “PD” districts that allow for residential STRs could not be within 1000 feet of another STR Property owners within 200 feet of an STR will be notified A maximum of 2 adult guests per bedroom would be allowed No more than 4 individuals unrelated by blood, marriage or adoption would be allowed for any rental Rentals for the purposes of parties or event venues, signage of any kind, and rentals of 30 consecutive days would be prohibited Parking is restricted to one vehicle per bedroom or the number of vehicles that can be accommodated off- street and on-street within the property boundaries, whichever is less Hotel Occupancy Tax of 7% would be collected by the City for all STRs Staff recommends approval of the attached short-term rental ordinance and will be available to answer questions. IV. Fiscal Impact Summary: V. Legal Impact: VI. Recommendation: Approve VII. Alternative Actions: VIII. Attachments: 1.O666_Short-Term Rentals_inclExhibitA O666_Short-Term Rentals_inclExhibitA.pdf PAGE 1 OF 19, INCLUDING “EXHIBIT A” O666 CITY OF KENNEDALE, TX 2019 ORDINANCE NO. 666 AN ORDINANCE OF THE CITY OF KENNEDALE, TEXAS, AMENDING CHAPTER 11 “LICENSES, TAXATION AND MISCELLANEOUS BUSINESS REGULATIONS” OF THE CODE OF ORDINANCES BY ADDING A NEW ARTICLE XIII “SHORT-TERM RENTALS” PROVIDING REGULATIONS FOR THE REGISTRATION, INSPECTION, AND USE OF SHORT-TERM RENTALS; AMENDING EXHIBIT A “SCHEDULE OF FEES” OF SECTION 2-3 “FEES FOR LICENSES, INSPECTIONS, PERMITS, ETC.”, TO ADD PERMIT AND INSPECTION FEES FOR SHORT-TERM RENTALS; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY FOR VIOLATIONS; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Kennedale, Texas, is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the City has neighborhoods previously planned, approved and constructed for use as single-family residences; and WHEREAS, the use of single-family residences by individuals for short periods of time may negatively impact the residential character of neighborhoods by reducing communication and accountability between permanent residents by partially substituting permanent residents with transient visitors; and WHEREAS, the regulation of the use and operation of such “short-term rental” property is intended to prevent the erosion of pre-existing and stable single-family neighborhoods, and further advance the City Council’s objective of championing great neighborhoods; and WHEREAS, the rise of substitute land uses for residential property contributes to the shortage of affordable housing, both ownership and long-term rental; and WHEREAS, the City Council finds that regulating the short-term rental of residential property is necessary for the health, safety and welfare of the general public, the promotion of consistent land uses and development, and the protection of landowners and residents of the City of Kennedale. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KENNEDALE, TEXAS, THAT: PAGE 2 OF 19, INCLUDING “EXHIBIT A” O666 CITY OF KENNEDALE, TX 2019 SECTION 1. That Chapter 11 “Licenses, Taxation and Miscellaneous Business Regulations,” of the Kennedale Code of Ordinances is hereby amended by adding a new Article XIII “Short-Term Rentals,” to read as follows: “ARTICLE XIII. – SHORT-TERM RENTALS Sec. 11-296. – Purpose. The purpose of this article is to safeguard the life, health, safety, welfare, and property of the occupants of residential dwelling units, the neighbors of said occupants, and the general public, through the regulation of short-term rental residential property. The intent of this article is to preserve the neighborhood character of residential subdivisions within the city and to minimize adverse impacts to the housing supply caused by the conversion of residential units to tourist or transient use. Sec. 11-297. – Applicability. The provisions of this article shall apply to all existing and future residential properties. Sec. 11-298. – Definitions. Administrator means the Director of the department designated by the city manager to enforce and administer this article, including the Director’s designees. Advertise means the act of drawing the public’s attention to a short-term rental in order to promote the availability of the residence for use as a short-term rental. Said advertising may be found in any medium, including but not limited to, newspaper, magazine, brochure, website, or mobile application. Bedroom means the living area(s) of the dwelling unit that is designed and furnished for sleeping and which has proper egress as required by the International Residential Code or other applicable building regulations adopted by the city. Occupant means any individual person living, sleeping or possessing a building, or portion thereof. A person is not required to be paying rent, providing in-kind services, or named in any lease, contract or other legal document to be considered an occupant. Owner means any person, agent, operator, firm, trust, corporation, partnership, or any other legal entity who has a legal or equitable interest in the property; or who is recorded in the official records of the county as holding title to the property; or who otherwise has control of the property, including the guardian of the estate of any such person, and the executor of the estate of such person if ordered to take possession of real property by a court. PAGE 3 OF 19, INCLUDING “EXHIBIT A” O666 CITY OF KENNEDALE, TX 2019 Premises means property, a lot, plot or parcel of land, including any structures or portions of structures thereon. Short-term rental means a residential premises, or portion thereof, used for lodging accommodations to occupants for a period of less than thirty (30) consecutive days. The definition of short-term rental does not include a bed and breakfast or hotel. Sec. 11-299. – Unpermitted short-term rentals prohibited. (a) It shall be unlawful for any owner or person to rent, lease, advertise, or otherwise permit or allow any residential premises to be operated or used as an unpermitted short-term rental. (b) It shall be an affirmative defense to a violation of this section that the occupant is a party to the sale of the premises and was occupying the premises pursuant to a written post-closing occupancy agreement. Sec. 11-300. – Short-term rental permit required. An owner who desires to use its premises as a short-term rental must have a valid, active short-term rental permit from the city prior to using, allowing the use of, or advertising the use of said premises as a short-term rental. Upon application to the city, a short-term rental permit shall be approved by the administrator, or designee, if the application satisfies all the conditions of this article, and all other applicable regulations of the city. The administrator may place reasonable conditions on a short- term rental permit to ensure compliance with the provisions of this article. Sec. 11-301. – Expiration of permit; renewals. A short-term rental permit shall expire on the last day of the month one year after the date of issuance. No short-term rental permit may be renewed without a completed renewal application submitted by the owner and payment of the renewal fee. If the renewal application satisfies all the conditions of this article and all other applicable city regulations, including the Unified Development Code, an application for the renewal of a short-term rental permit shall be approved by the administrator, or designee. The administrator may place reasonable conditions on a short-term rental renewal permit to ensure compliance with the provisions of this article. Sec. 11-302. – Requirements of application. (a) Except as provided in this section, every complete application for a short- term rental permit shall include the following information with such detail and in a form approved by the administrator: (1) The name, address, contact information and authenticated PAGE 4 OF 19, INCLUDING “EXHIBIT A” O666 CITY OF KENNEDALE, TX 2019 signature for the owner of the premises; (2) The name, address and contact information of the operator, agent if any, and designated local responsible party as required in section 11-303; (3) The city registration number for hotel occupancy tax; (4) A plot plan of the premises identifying the location of parking spaces to be used in conjunction with the short-term rental; (5) A dimensioned floor plan of the proposed short-term rental identifying bedrooms, other living spaces and emergency evacuation routes; (6) Proof of insurance as required in section 11-304; (7) The name and contact information for the property or homeowner’s association, if any, of which the premises is covered by the dedicatory instruments; (8) A copy of the proposed host rules for the short-term rental, if any; and (9) Such certifications deemed necessary and proper to ensure compliance with this article. (b) An application for a short-term renewal permit must be filed at least thirty (30) days prior to expiration of a current permit. Every complete application for a short-term rental renewal permit shall include updates, if any, to the information contained in the original permit application or any subsequent renewals. The permit holder shall sign a statement affirming that there is either no change to such information, or that any updated information is accurate and complete. The administrator may require such certifications deemed necessary and proper to ensure continuing compliance with this article. (c) An application for a short-term rental renewal permit submitted after the expiration of the most immediate permit for the premises shall be treated as an application for a new permit as described in subsection (a) of this section. (d) If a complete application for a short-term renewal permit is submitted less than thirty (30) days prior to expiration of the current permit, the administrator in his or her sole discretion may grant a one-time extension of the current permit not to exceed ten (10) days. PAGE 5 OF 19, INCLUDING “EXHIBIT A” O666 CITY OF KENNEDALE, TX 2019 Sec. 11-303. – Designation of local responsible party required. An owner must designate the name and contact information of a local responsible party who can be contacted regarding immediate concerns and complaints from the public. Said individual must be available to be reached in person or by phone at all times while occupants are on the premises of a short-term rental. If called, a local responsible party must be able to and shall be present at the premises within one (1) hour of call from the administrator, or his designee. A local responsible party must be authorized to make decisions regarding the premises and its occupants. A local responsible party may be required to, and shall not refuse to, accept service of citation for any violations on the premises. Acceptance of service shall not act to release owner of any liability under this article. Sec. 11-304. – Proof of insurance required. It shall be unlawful for the owner of a premises operating as a short-term rental to operate without host protection or other liability insurance commensurate with the operations of the short-term rental that provides coverage of up to $1 million per occurrence. A certificate of insurance must be on file with the administrator. Proof of insurance shall be required at the time of application and notice of cancellation of insurance must be made to the administrator within thirty (30) days. Sec. 11-305. – Inspection required. No permit or renewal permit will be approved for a short-term rental until the city has inspected the premises and found the premises to be in compliance with this article and all city regulations governing minimum health and safety requirements for use and occupancy. If a premises fails to pass an inspection, a reinspection fee may be charged for each subsequent inspection in accordance with the fee established by the city council. Sec. 11-306. – Permit fees. A fee established by the city council will be charged to reimburse the city for all costs associated with the administration of this article. Sec. 11-307. – Hotel occupancy taxes; Request for occupancy history. It shall be unlawful for an owner of premises used for a short-term rental to fail to pay hotel occupancy taxes required under state law and article XII of the Kennedale City Code, as amended. Upon request of the administrator or the finance department of the city, the owner of a premises used as a short-term rental shall remit, within thirty (30) days, an accounting of all occupants who rented the premises and the hotel occupancy taxes paid therefor. It shall be unlawful for a person to fail to provide said information requested in a timely manner. PAGE 6 OF 19, INCLUDING “EXHIBIT A” O666 CITY OF KENNEDALE, TX 2019 Sec. 11-308. – Short-term rental permit nontransferable. A short-term rental permit is non-transferable and shall not be assigned nor transferred to another person or entity. Any attempt to transfer a permit or attempt to use another person’s permit may be grounds for revocation of the permit. Sec. 11-309. – Restrictions on number of occupants. (a) It shall be unlawful for an owner or person to rent, allow, provide, or advertise for more than two (2) persons per bedroom, plus two (2) additional persons, when using the premises as a short-term rental. (b) It shall be unlawful for more than five (5) individuals unrelated by blood, marriage, or adoption to occupy a short-term rental. Sec. 11-310. – Parking restrictions. The maximum amount of motor vehicles allowed at a short-term rental shall be limited to the lesser of: (a) one vehicle per bedroom; or (b) the number vehicles that can be accommodated within off-street parking and on-street parking within the boundary lines of the premises. Sec. 11-311. – Minimum stay required. It shall be unlawful for an owner to rent or lease a short -term rental for a period of less than 24 hours. Sec. 11-312. – Physical conversion of premises prohibited. (a) It shall be unlawful for an owner or person to convert a garage to living space, remodel, renovate, enlarge or otherwise modify premises to add additional bedrooms for use as a short-term rental. (b) It shall be unlawful for an owner or person to pave or otherwise cover pervious soil to create additional on-premise parking without prior approval from the city. Sec. 11-313. – Sound equipment restrictions. It shall be unlawful for an owner or occupant of a short-term rental to use or allow the use of amplified sound equipment that produces sound audible beyond the property line of the premises between the hours of 10:00 p.m. and 8:00 a.m. PAGE 7 OF 19, INCLUDING “EXHIBIT A” O666 CITY OF KENNEDALE, TX 2019 Sec. 11-314. – Signage. It shall be unlawful for there to be any on-site or off-site advertising signs or displays indicating the premises is a short-term rental. Sec. 11-315. – Advertising, promoting or allowing of special events prohibited. (a) It shall be unlawful for an owner or occupant to advertise or promote a special event, or allow the advertising and promotion of a special event (e.g. banquet, wedding, reception, reunion, bachelor or bachelorette party, concert, or any similar activity that would assemble large numbers of invitees) to be held on the premises. (b) It shall be unlawful for an owner or occupant to allow, suffer or permit a special event as described to be held on the premises. Sec. 11-316. – Distance requirements. It shall be unlawful for a short-term rental to be located on a premises that is within 500 feet of a premises on which another short-term rental use is located. For purposes of this section, measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the property line of the premises where the existing short-term rental is located to the nearest portion of the property line of the premises where the new short-term rental is proposed. Sec. 11-317. – Notice to occupants of short-term rentals. An owner or person operating a short-term rental shall provide a notice of instructions to occupants staying at the premises. The notice shall instruct the occupants as to all applicable city regulations pertaining to short-term rentals. These include, but are not limited to, occupancy restrictions, limits on parking, prohibitions on special events, and limits on amplified sound. Sec. 11-318. – Permit to be displayed. A copy of the approved short-term rental permit shall be posted at a conspicuous location inside the front entrance(s) to the short-term rental. Sec. 11-319. – Use of assigned permit number required. It shall be unlawful for an owner or person to advertise a short-term rental in any medium, including but not limited to newspaper, magazine, brochure, website, or mobile application without including the current permit number assigned by the administrator. PAGE 8 OF 19, INCLUDING “EXHIBIT A” O666 CITY OF KENNEDALE, TX 2019 Sec. 11-320. – Use of unauthorized permit number prohibited. It shall be unlawful for an owner or person to use, advertise or promote or allow the use, advertisement or promotion of a short-term rental using a permit number not assigned to the owner or person, or to a different address, or to a different dwelling unit. Sec. 11-321. – Notification of approval of short-term rental. Within ten (10) days of the approval of a short-term rental permit, a notice will be sent by the planning and development department of the city to all property owners within two-hundred feet (200 ft.) of the premises, and shall include a contact number for complaints and emergencies, and pertinent information about this article. Sec. 11-322. – Revocation of permit. (a) Grounds. Any permit issued hereunder may be revoked by the administrator if the permit holder has: (1) received more than two citations for violations of this article; (2) failed or refused to comply with an express condition of the permit and remains in non-compliance ten (10) days after being notified in writing of such non-compliance; (3) knowingly made a false statement in the application; or (4) otherwise become disqualified for the issuance of a permit under the terms of this article. (b) Notice. Notice of the revocation shall be given to the permit holder in writing, with the reasons for the revocation specified in the notice, served either by personal service or by certified United States mail to their last known address. The revocation shall become effective the day following personal service or if mailed, three (3) days from the date of mailing. (c) Appeal; hearing. The permit holder shall have ten (10) days from the date of such revocation in which to file notice with the administrator of their appeal from the order revoking said permit. The administrator shall provide for a hearing on the appeal in accordance with the provisions of this article. (d) One-Year Waiting Period. In the event an owner’s short-term rental permit is revoked by the administrator, no second or additional permit shall be issued for a short-term rental on the premises for one year of the date such permit was revoked. Sec. 11-323. – Administrative appeals of denial or revocation of permit. (a) Upon denial or revocation of a permit, the administrator, or his designee, shall notify the applicant or permit holder, in writing, of the reason for PAGE 9 OF 19, INCLUDING “EXHIBIT A” O666 CITY OF KENNEDALE, TX 2019 which the permit is subject to denial or revocation. To contest the denial or revocation of a permit, the applicant or permit holder shall file a written request for a hearing with the administrator within ten (10) days following service of such notice. If no written request for hearing is filed within ten (10) days, the denial or revocation is sustained. (b) The appeal shall be conducted within twenty (20) days of the date on which the notice of appeal was filed with the administrator. (c) The hearings provided for in this section shall be conducted by the administrator or a designated hearing officer at a time and place designated by the administrator or the hearing officer. Based upon the recorded evidence of such hearing, the administrator or the designated hearing officer shall sustain, modify or rescind any notice or order considered at the hearing. A written report of the hearing decision shall be furnished to the applicant or permit holder requesting the hearing. (d) The determination of the administrator or designated hearing officer shall be final. (e) An appeal shall not stay the denial or suspension of the permit unless otherwise directed by the administrator. Secs. 11-324. — 11-340. – Reserved.” SECTION 2. The Schedule of Fees adopted in Section 2-3 “Fees for licenses, inspections, permits, etc.” of the Kennedale City Code is hereby amended to add permit and inspection fees for short-term rentals as shown on Exhibit “A” to this Ordinance. SECTION 3. This Ordinance shall be cumulative of all provisions of all ordinances of the City of Kennedale, Texas, and the Kennedale Code of Ordinances, as amended, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. SECTION 4. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this Ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any of the remaining, phrase, clauses, sentences, paragraphs or sections of this Ordinance since the same would have been enacted by the City Council without incorporation in this Ordinance of any such invalid or unconstitutional phrase, clause, sentence, paragraph or section. PAGE 10 OF 19, INCLUDING “EXHIBIT A” O666 CITY OF KENNEDALE, TX 2019 SECTION 5. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than $2000.00 for all violations involving zoning, fire safety, or public health and sanitation, including dumping or refuse, and shall be fined $500.00 for all other violations of this ordinance. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 6. The City Secretary of the City of Kennedale is hereby directed to publish this Ordinance as required by law. SECTION 7. This Ordinance shall take effect after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF KENNEDALE, TEXAS, THIS THE 16TH DAY OF JULY, 2019. APPROVED: ______________________________ MAYOR BRIAN JOHNSON ATTEST: [ C I T Y S E A L ] ______________________________ CITY SECRETARY LESLIE E. GALLOWAY APPROVED AS TO FORM AND LEGALITY: ______________________________ CITY ATTORNEY DREW LARKIN ATTACHMENT A  |  ORDINANCE 666  |  TUESDAY, JULY 16, 2019SERVICE COST NOTESMunicipal Court and Permitting 3.0%When payment of any fee, fine, court cost, or other charge related to Kennedale Permitting is made by credit card via phone, online or in-person, a fee equaling three (3) percent per fee, fine, or other charge paid by credit card will be added to the fee, fine, or other charge paid.Utility Billing 2.8%When payment of any utility billing charge related to Kennedale Utility Billing is made by credit card via phone, mail, online or in‐person to City of Kennedale or Fathom Global, a fee equaling 2.8 percent per fee, fine or other charge paid by credit card will be added to the charge paid. Other Departments Not Listed No ChargeWhen payment of any fee or other charge related to any other miscellaneous activity not listed department is made by credit card online, by phone (817‐985‐2120), or in‐person, no fee will be required.Returned Check/Declined Credit Transaction Fee (All Departments)$30.00Lien Assessment Fee Actual CostPlus $100.00 administrative feeMowing, Cleaning, and/or Boarding Property (By Contractor) Actual CostPlus $100.00 administrative feeGeneral Reservations (Residents and Non-Residents)$25.00Per two (2) hour blockKennedale Youth Association (KYA) Annual Lease AgreementDeposit (applies to all Community Center rentals) $150.00May be returned, dependent upon satisfactory inspection by staff$40.00Per hour, during library's normal hours; Minimum of $100 charge per rental$50.00Per hour, during library's closed hours; Minimum of $100 charge per rental$30.00Per hour, during library's normal hours; Minimum of $100 charge per rental$40.00Per hour, during library's closed hours; Minimum of $100 charge per rentalDeposit (applies to all pavilion rentals) $50.00May be returned, dependent upon satisfactory inspection by staffNon-Residents $120.00For 2 Hours, $180 For 4 Hours, $230 For 6 Hours, $280 For 8 HoursResidents $60.00For 2 Hours, $90 For 4 Hours, $115 For 6 Hours, $140 For 8 HoursDeposit (Members) $75.00May be returned, dependent upon satisfactory inspection by staffMembers $75.00Per dayDeposit (Non-Members) $150.00May be returned, dependent upon satisfactory inspection by staffNon-Members $125.00Per daySERVICE COST NOTESLIBRARY ADMINISTRATIVECHECK AND CREDIT CARD TRANSACTIONSCredit Card PaymentsCODE ENFORCEMENTFACILITY RENTALS/RESERVATIONSBallfields (Village Street off of Averett Rd.; Subfacility of Sonora Park)Community Center (316 W Third St.; in the Kennedale Public Library Building)Non-ResidentsResidentsPavilions (TownCenter Park at 405 Municipal Drive; Sonora Park at 263 S. New Hope Rd.)Senior Center Banquet Room (420 Corry A. Edwards Dr. )Page 1 of 9 ATTACHMENT A  |  ORDINANCE 666  |  TUESDAY, JULY 16, 2019Overdue Book$0.25Per dayPhotocopies From Copier (Only Black and White Available) $0.10Per pagePrintouts From Computer$0.25Per pageMaterials Lost or Damaged Beyond Repair$5.00Processing fee + listed retail priceRepair of Inventory Material Actual CostReplace Lost or Damaged Audiobook Binder$5.00Replace Lost or Damaged CD Case $1.00Replace Lost or Damaged DVD Case $2.00Interlibrary Loan No ChargeLibrary Card Replacement$2.00Repair of CD/DVD $1.00Transmittal Fax Only (Local) $1.00First page, $0.25 each additional pageTransmittal Fax Only (Long Distance) $2.00First page, $0.50 each additional pageFingerprinting of Residents for Background Checks$7.50Per CardVehicle Accident Report$6.00Per copyOffense or Arrest Report$1.50Per report, plus $0.10 per page for additional copiesSERVICE COST NOTESNOTE: Minimum Fee For Any Single Permit or Inspection, Listed or Unlisted, Regardless of Department $ 55.00 Excluding signsBuilding Permit for Residential Construction(single family, two family and townhome) $ 0.85 Per square foot $1.00 to $500.00 $23.50$501.00 to $2,000.00 $23.50For the first $500.00, plus $3.05 for each additional $100.00, or fraction thereof, up to and including $2,000.00$2,001.00 to $25,000.00 $69.25For the first $2,000.00, plus $14.00 for each additional $1,000.00, or fraction thereof, up to and including $25,000.00$25,001.00 to 50,000.00 $391.25For the first $25,000.00, plus $10.10 for each additional $1,000.00, or fraction thereof, up to and including $50,000.00$50,001.00 to $100,000.00 $643.75For the first $50,000.00, plus $7.00 for each additional $1,000.00, or fraction thereof, up to and including $100,000.00$100,001.00 to $500,000.00 $993.75For the first $100,000.00, plus $5.60 for each additional $1,000.00, or fraction thereof, up to and including $500,000.00$500,001.00 to $1,000,000.00 $3,233.75For the first $500,000.00, plus $4.75 for each additional $1,000.00, or fraction thereof, up to and including $1,000,000.00POLICE DEPARTMENTPERMITS AND INSPECTIONSBuilding Permit for Non-Residential Construction Based on Total Valuation of Project (Used for Building Code Pricing Below)Page 2 of 9 ATTACHMENT A  |  ORDINANCE 666  |  TUESDAY, JULY 16, 2019$1,000,001.00+ $5,608.75For the first $1,000,000.00, plus $3.65 for each additional $1,000.00, or fraction thereofSERVICE COST NOTESAccessory Building (Min. 175 ft2)VariesConsult Construction Table (above)Alterations and Repairs To Existing StructuresVariesConsult Construction Table (above)Building Code Appeal $100.00Canopy - Larger than 400 ft2$55.00Carnival or Temporary Amusement $55.00CarportVariesConsult Construction Table (above)Contractor Registration, Initial (Article XIII, Chapter 4 Of City Code)$100.00Contractor Registration, Annual Renewal $50.00If not renewed within 30 days of expiration, renewal fee is $100.00.Detached Garage VariesConsult Construction Table (above)Demolition $55.00Drive Approach $55.00Fence, Retaining Wall, Screen Wall VariesConsult Construction Table (above)FireplaceVariesConsult Construction Table (above)Moving Building into the City$100.00Patio Cover VariesConsult Construction Table (above)Portable Building (Min. 175 ft2)VariesConsult Construction Table (above)SignsVariesConsult Construction Table (above)Swimming Pool and/or Hot Tub (Above Ground) VariesConsult Construction Table (above)Swimming Pool and/or Hot Tub (In-Ground) VariesConsult Construction Table (above)Tent (Commercial) - Larger Than 200 ft2$55.00Tree Mitigation Fee$200.00Per caliper inchUnderground Storage Tanks (Includes Gas Lines To Tank) VariesConsult Construction Table (above)Reinspection Fee $55.00Plan ReviewNew, Addition, Remodel for Commercial, Industrial, and Multi-Family20%Of building permit feeNew, Addition, Remodel for Single or Two Family$55.00All Other Permits Requiring Plan Review$25.00Re-Review Fee $25.00SERVICE COST NOTESApartments, Condominiums, Triplex, Etc. $0.05Per ft2; Minimum calculation of $55.00Commercial/Industrial New Construction $0.06Per ft2; Minimum calculation of $55.00Single Family, Duplex, Townhouse, Etc. $0.06Per ft2; Minimum calculation of $55.00Contractor Registration, Initial (Article XIII, Chapter 4 Of City Code) $100.00Contractor Registration, Annual Renewal $50.00If not renewed within 30 days of expiration, renewal fee is $100.00Electric Generators Used By Carnival, Circuses, Traveling Shows, Exhibits$55.00BUILDING CODE PERMITS, INSPECTIONS AND PLAN REVIEWSELECTRICAL CODE PERMITS AND INSPECTIONSPage 3 of 9 ATTACHMENT A  |  ORDINANCE 666  |  TUESDAY, JULY 16, 2019Electrical Code Appeal $100.00Fixed Residential Appliances, Receptacle Outlets, Etc. $55.00As Defined by City CodeMinimum For Any Single Permit $55.00Except Temporary Construction Pole ReconnectsSwimming Pool, In-Ground, Residential $110.00Receptacles, Switch, Lighting or Other Outlet Holding Devices$55.00Reinspection Fee $55.00Less than 200 Amps $55.00600+ Volts or 1,000+ Amps $55.00Each Power Apparatus (As Defined By City Code)$2.00Up To And Including 1, Each $55.00Over 1, Up To And Including 10, Each $55.00Over 10, Up To And Including 50, Each $55.00Over 50, Up To And Including 100, Each $55.00Over 100, Each $55.00One Branch Circuit, Each $55.00Additional Branch Outlets$55.00Temporary Power To Any Structure (Maximum Of Ninety (90) Days)$55.00SERVICE COST NOTESContractor Registration, Initial (Article XIII, Chapter 4 Of City Code) $100.00Contractor Registration, Annual Renewal $50.00If not renewed within 30 days of expiration, renewal fee is $100.00.HVAC (Heating/Cooling Systems) $110.00$55 Per air handling unit (e.g. inside unit + outside unit = $110.00)Replacement of Furnaces, Condensing Unit or Cooling/Heating System $55.00Vent-A-Hood (Commercial) $55.00Re-Inspection Fee $55.00Mechanical Code Appeal $100.00SERVICE COST NOTESApartments, Condominiums, Triplex, Etc. $0.05Per ft2; Minimum fee of $55.00Commercial/Industrial New Construction $0.06Per ft2; Minimum fee of $55.00Single Family, Duplex, Townhouse, Etc. $0.06Per ft2; Minimum fee of $55.00Contractor Registration, Initial (Article XIII, Chapter 4 Of City Code) -Not required for plumbers.Building Water Line $55.00EachBuilding Sewer Line $55.00EachFireplace Piping and Valve$55.00Services of 600 Volts or LessRating in Horsepower, Etc.Signs, Outline Lighting, or MarqueesMECHANICAL CODE PERMITS AND INSPECTIONSPLUMBING CODE PERMITS AND INSPECTIONSUnit Fee SchedulePage 4 of 9 ATTACHMENT A  |  ORDINANCE 666  |  TUESDAY, JULY 16, 2019Gas Fired Applicable W/Special Vent Pipe$55.00Gas Piping System (1-4 Outlets) $55.00EachGas Piping System (5+ Outlets) $55.00EachIndustrial Waste Pre-Treatment Interceptor$55.00Installation/Repair of Water Piping and/or Water Treatment Equipment$55.00Lawn Sprinkler System On Any One Meter, Including Backflow Protection$55.00EachPrivate Sewage Disposal System $55.00Repair of Existing Piping$55.00Repair or Alteration of Drainage or Vent Piping$55.00Gas Line Pressure Check$55.00 Plumbing Fixture, Trap or Set Fixture, Etc.$55.00EachYard Line Pressure Check$55.00Plumbing Code Appeal $100.00Reinspection Fee $55.00SERVICE COST NOTESBusiness License $25.00Home Business License $25.00Certificate of Occupancy (CO) $55.00Contractor Registration, Initial (Article XIII, Chapter 4 Of City Code)$100.00Contractor Registration, Annual Renewal $50.00If not renewed within 30 days of expiration, renewal fee is $100.00Garage Sale Permit$10.00No more than three (3) garage sales per address per yearGathering Station Inspection $1,000.00Itinerant Vendor License$100.00Contact the Police Department Records Dept. at 817-985-2160, ext. 2219Sub-Division Construction Inspection Fee4%Of construction costTree Removal Permit$150.00Per acre; $150 minimum chargeSERVICE COST NOTESPermit $100.00per each permit and renewal permitInspection and Reinspection $75.00Per each inspection or reinspectionSERVICE COST NOTESAnnual Air Sampling And Reporting Fee Per Low-To-Moderate Impact Pad Sites (As Determined By City Official(s))$12,000.00Annual Air Sampling And Reporting Fee Per High Impact Pad Site (As Determined By City Official(s))$45,000.00May be paid in quarterly installmentsAnnual Air Sampling And Reporting Fee As Needed$12,000.00Per instance of additional monitoringAnnual Inspection Per Well $2,000.00$300 per additional well on same pad siteWell Requested On Application for Pad Site$5,000.00Per wellnewREGISTRATION AND MISCELLANEOUS PERMITSOIL AND GAS WELLSSHORT TERM RENTALPage 5 of 9 ATTACHMENT A  |  ORDINANCE 666  |  TUESDAY, JULY 16, 2019SERVICE COST NOTESAnnexation, Request for$200.00Commercial Site Plan Review$500.00Engineering review fee; In additional to applicable permitting feesConditional Use Permit$500.00Easement or Right-Of-Way Abandonment, Request for$300.00Zoning Verification Letter$30.00Zoning Change or Amendment for Less Than 10 Acres, Request for$500.00Zoning Change or Amendment for 10+ Acres, Request for$1,500.00Rezone Less Than 10 Acres to Planned Development District (PD) $750.00Rezone 10+ Acres to Planned Development District (PD) $1,500.00Minor Plat, Vacated Plat, Amended Plat$300.00Plus $10.00 per lotMinor Plat Engineering Review Fee$200.00Preliminary Plat $300.00Plus $10.00 per lotPreliminary Plat Engineering Review Fee$1,000.00Replat (0-10 Acres) $500.00Replat (10+ Acres) $1,500.00Final Plat $300.00Plus $10.00 per lotFinal Plat, Replat Engineering Review Fee$2,500.00Placed in escrow; unused funds can be requested for returnRenotification $125.00Cost to republish legally required notifications after a request for date changeSpecial Exception, Request for$250.00Variance, Request for$250.00Printouts/Copies From Plotter$1.00Per Square Foot (ft2)SERVICE COST NOTESResidential Water (Owner Occupied) $60.00Residential Sewer (Owner Occupied) $30.00Residential Water (Tenant Occupied) $90.00Residential Sewer (Tenant Occupied) $60.00Commercial/Industrial w/High Consumption Varies1/6 of annual consumptionCommercial Water$90.00Commercial Sewer$60.00Water for Cleanup (15 Day Temp Service) $30.00Per dayUse of Bulk Water Meter (Fire Hydrant) $600.00Plus $50 service feePLANNING AND DEVELOPMENTZoningPlatsOther UTILITY BILLING | PUBLIC WORKS | WATER AND WASTEWATERView monthly utility rate information at www.cityofkennedale.com/waterratesDepositsIf an account is finaled out for nonpayment, re-establishment of service requires a deposit of 2X the normal fee. Accounts are associated with the name of the responsible party (or parties); not the address.Page 6 of 9 ATTACHMENT A  |  ORDINANCE 666  |  TUESDAY, JULY 16, 2019Use of Bulk Water Meter (Gas Drilling) $1,000.00Plus $50 service feeUse of Bulk Unmetered WaterVaries(rate) X (estimated gallons)Disconnect Service At The Main Actual CostLiquid Waste Permit $50.00Liquid Waste Trip Ticket Book$20.00Move City Utilities Actual CostPrivate Water Well Permit And Inspection $75.00Water Administrative Fee $20.00Assessed when account appears on cut-off list; In addition to any late feeWater Transfer Fee $15.00Wrecker License/Permit$20.00Utility Equipment Actual CostMeter, meter base, MTU, register, bullhead, and any other associated equipment installed for water/sewer meteringFire Hydrant Fee (Construction Meter) $79.50Monthly base chargeMeter Calibration Fee (When Executed By City Staff) $45.00Meter Calibration Fee (When Executed By Independent Contractor)$125.00Meter Set Reinspection Fee$100.00 Meter Tampering, Tampering With Lock, Or Cutting Lock On Meter $200.00Per offense, plus actual cost of repair or replacement¾” (.75") $475.00Plus $300 meter set fee; plus cost of meter1”$525.00Plus $350 meter set fee; plus cost of meter1½” (1.5") $950.00Plus $550 meter set fee; plus cost of meter2”$1,075.00Plus $700 meter set fee; plus cost of meter3” or LargerActual CostPlus actual cost of meter set fee; plus cost of meter¾” (.75") $925.00Plus $300 meter set fee; plus cost of meter1”$975.00Plus $350 meter set fee; plus cost of meter1½” (1.5") $1,400.00Plus $550 meter set fee; plus cost of meter2”$1,525.00Plus $700 meter set fee; plus cost of meter3” or LargerVariesPlus actual cost of meter set fee; plus cost of meter4”$425.006”$600.008” or LargerActual Cost4”$875.006”$1,050.008” or LargerActual CostSERVICE COST NOTESCharges not incurred if meter is found to be inaccurate.The Building Inspection and Public Works departments regulate the installation, maintenance, and the transportation of liquid wastes. Questions? Call 817-985-2170.Water and Wastewater FeesWater Tap Fee (No Street Cut)Water Tap Fee (With Street Cut or Bore)Sewer Tap Fee (No Street Cut)Sewer Tap Fee (With Street Cut or Bore)FIRE DEPARTMENTPage 7 of 9 ATTACHMENT A  |  ORDINANCE 666  |  TUESDAY, JULY 16, 2019Ambulance Fees Actual CostEstablished according to reasonable and customary reimbursement allowances of applicable insurance carriers; reviewed and approved quarterly by the City ManagerBuilding/Fire Plan Review$55.00EMS Report $15.00False Alarm (3rd+)$55.00Beginning with the 3rd, the fee doubles for each subsequent false alarmFire Code Appeal $100.00Annual, Bi-Annual of Certificate of Occupancy (CO) No ChargeRe-Inspection No Charge2nd Re-Inspection$55.003rd+ Re-InspectionVariesBeginning with the 3rd, the fee doubles for each subsequent re-inspectionFire Suppression Systems $55.00Fire Report$15.00Site Plan Review$55.00Brush Truck $75.00HourlyEngine $150.00HourlyFire Marshall $40.00HourlyHazMat Squad $300.00HourlyParamedic $30.00HourlyNOTE: Minimum fee for any single permit or inspection, listed or unlisted, regardless of department$55.00Excluding signsSERVICE COST NOTESFire InspectionsStandbyREQUEST FOR PUBLIC INFORMATION/OPEN RECORDS REQUESTS/REQUESTS UNDER THE PUBLIC INFORMATION ACT (PIA)The City Secretary's Office encourages communication and transparency between the City of Kennedale and its residents by serving as the primarv office responding to Public Information Reguests. In an effort to save requestors time and money, freguently requested documents are available online, including: • Laserfiche: Ordinances, Resolutions, Agendas, Packets. Minutes, and Press Releases • MuniCode: Code of Ordinances and Copies of Individual Ordinances • Monthly Reports: Building Permits, Fires, and Substandard BuildingsIf what you need is not available online, you can make a Qublic information reguest. Reguests are processed in the order they are received, and should be for existing documents or information. Staff may not ask why you want the information, but may ask for clarification if needed. please be aware that some records are exempt from disclosure or reguire redaction.Requests may incur a fee, and the City of Kennedale may require prepayment. Charges vary depending on the number of responsive documents and personnel time required. Vaguely-worded or broad requests return more results. The more specific your request, the quicker it can be fulfilled. Generally, the city will charge $0.10 per page and $15.00 an hour for labor. Requests for standard-sized documents that will be delivered via email usually do not incurcharges, unless the request: • is for more than fifty (50) pages, • requires more than thirty (30) minutes of personnel time to locate, compile, manipulate data, and reproduce the information, or • includes documents that are stored off-site.If the estimated charges exceed $40.00, the requestor must approve an itemized estimate before work begins. When estimated costs exceed $100.00, the requestor is required to make a deposit (typically 100% of the estimate) before work begins. If a requestor (or their organization) has a balance exceeding $100.00 for past requests, the City of Kennedale will not process additional requests until the account is paid in full. You must approve any estimate of charges within ten (10) business days of the date the estimate is sent or the request will be considered withdrawn.Page 8 of 9 ATTACHMENT A  |  ORDINANCE 666  |  TUESDAY, JULY 16, 2019Single Sided, Black & White, 8.5x11" Paper$0.10Per paper copy11x17" or Other Oversized Paper, Not Including Maps & Photographs$0.50Per paper copyPlat Page $3.00Per plat pageCompact Disc (CD) $1.00Per CDDigital Video Disc (DVD) $3.00Per DVDPersonnel Time for Locating, Compiling and Reproducing Records$15.00Mailing Expenses, Speciality Papers (including but not limited to mylar, blueprints, maps, and photos), Off‐Site Storage RetrievalActual CostOff‐site storage costs (currently $16.00 truck charge + $2.00/box) per retrieval and returnCharges not outlined here will be calculated according to the regulations and recommendations of the Texas State Library and Archives Commission, the Texas Attorney General, and the Texas Administrative CodeCHARGES ASSOCIATED WITH A PUBLIC INFORMATION REQUEST VARY DEPENDING ON THE AMOUNT OF RESPONSIVE DOCUMENTS AND PERSONNEL TIME REQUIRED. GENERAL CHARGES ARE OUTLINED BELOW.Page 9 of 9 STAFF REPORT TO THE HONORABLE MAYOR AND CITY COUNCIL Date: July 16, 2019 Agenda Item No: EXECUTIVE SESSION - A. I. Subject: Discussion with the City Attorney regarding settlement agreement between Ron Sturgeon, et al and the 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: July 16, 2019 Agenda Item No: EXECUTIVE SESSION - B. I. Subject: Discussion with the City Attorney regarding salvage yard special exception/special use permits 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: July 16, 2019 Agenda Item No: EXECUTIVE SESSION - C. I. Subject: Discussion with the City Attorney regarding an early termination and release agreement with Global Water Management, LLC 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: July 16, 2019 Agenda Item No: EXECUTIVE SESSION - D. I. Subject: Discussion with City Attorney regarding legal issues associated with Economic Development and Performance Agreement, Tax Abatement, and Chapter 380 Agreement with Compressed Air Systems for project located at Harris Corporation Addition, Block 1 Lot 1A2 (Linda Road) 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: July 16, 2019 Agenda Item No: EXECUTIVE SESSION - E. I. Subject: Economic Development and Performance Agreement, Tax Abatement, and Chapter 380 Agreement with Compressed Air Systems for project located at Harris Corporation Addition, Block 1 Lot 1A2 (Linda Road) II. Originated by: III. Summary: IV. Fiscal Impact Summary: V. Legal Impact: VI. Recommendation: VII. Alternative Actions: VIII. Attachments: