2016_07.18 CC Packet ic
KENNEDALE
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www.cityofkennedale.com
KENNEDALE CITY COUNCIL AGENDA
REGULAR MEETING
July 18, 2016
CITY HALL COUNCIL CHAMBERS, 405 MUNICIPAL DRIVE
WORK SESSION at 5:30 PM
REGULAR SESSION at 7:00 PM
I. CALL TO ORDER
II.WORK SESSION
*NOTE: Pursuant to Section 551.071, Texas Government Code, the City Council reserves the
right to adjourn into Executive Session at any time during the work session or the regular
session to discuss posted executive session items or to seek legal advice from the City
Attorney on any item posted on the agenda.
A. Review the 2016 Board and Commission appointment process and calendar
B. Discussion of items on regular agenda
III. EXECUTIVE SESSION
A. The City Council may meet in closed session at any time during the work session or the regular
session, pursuant to Section 551.071 of the Texas Government Code for consultation with the City
Attorney pertaining to any matter in which the duty of the City Attorney under the Texas Disciplinary
Rules of Professional Conduct may conflict with the Open Meetings Act, including discussion on any
item posted on the agenda and the following matters:
1. Citizen's Petition
B. The City Council will meet in closed session pursuant to Section 551.072 of the Texas
Government Code to deliberate the purchase, exchange, lease, or value of real property for the
following:
1. 108 New Hope Road
2. 6727 Hudson Village Creek
IV. REGULAR SESSION
V. ROLL CALL
VI. INVOCATION
VII. UNITED STATES PLEDGE AND TEXAS PLEDGE
"Honor the Texas Flag; I Pledge Allegiance to Thee, Texas, One State under God; One and Indivisible."
405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817-985-2100 1 Fax: 817-478-7169
VIII. RECONVENE INTO OPEN SESSION,AND TAKE ACTION NECESSARY PURSUANT TO
EXECUTIVE SESSION, IF NEEDED
IX.VISITOR/CITIZENS FORUM
At this time, any person with business before the City Council not scheduled on the Agenda may speak
to the Council, provided that an official `Speaker's Request Form'has been completed and submitted to
the City Secretary prior to the start of the meeting. All comments must be directed towards the Mayor
and Council, rather than individual council members or staff. All speakers must limit their comments to
the subject matter as listed on the `Speaker's Request Form.' No formal action or discussion can be
taken on these items.
X. REPORTS/ANNOUNCEMENTS
In addition to any specific matters listed below, the city council may receive a report about items of
community interest, including but not limited to recognition of individual officials, citizens or
departments, information regarding holiday schedules, upcoming or attended events, etc.
A. Updates from City Council
B. Updates from the Mayor
C. Updates from the City Manager
XI. MONITORING INFORMATION
A. Monthly Financials-June 2016
B. Executive Limitations
C. Ends Review- Balanced Scorecard
XII. REQUIRED APPROVAL ITEMS (CONSENT)
All matters listed under incidental items (consent) have been previously discussed, require little or no
deliberation, or are considered to be routine by the council. If discussion is desired, then an item will be
removed from the consent agenda and considered separately.
A. Consider approval of minutes from June 27, 2016 regular meeting
B. Consider approval of Resolution 488 authorizing continued participation with the Steering
Committee and authorize payment to Atmos Energy Corporation
XIII. DECISION ITEMS
A. Consider approval of Resolution 489 calling for a public hearing on August 15, 2016 on the
amendment of water, wastewater, and roadway impact fees
B. Consider approval of Ordinance 602 adding Section 12-9 "Solicitation"to Chapter 12 of the City
of Kennedale Code
XIV. EXECUTIVE SESSION II
A. The City Council will meet in closed session pursuant to Section 551.074 of the Texas
Government Code to deliberate the appointment, employment, evaluation, reassignment, duties,
discipline, or dismissal of a public officer or employee.
1. City Manager's Annual Evaluation
XV. RECONVENE INTO OPEN SESSION,AND TAKE ACTION NECESSARY PURSUANT TO
EXECUTIVE SESSION, IF NEEDED
XVI.ADJOURNMENT
In compliance with the Americans with Disabilities Act, the City of Kennedale will provide for reasonable
accommodations for persons attending City Council meetings. This building is wheelchair accessible, and
parking spaces for disabled citizens are available. Requests for sign interpreter services must be made
forty-eight (48) hours prior to the meetings. Please contact the City Secretary at 817.985.2104 or(TDD)
1.800.735.2989
CERTIFICATION
I certify that a copy of the July 18, 2016, agenda was posted on the City Hall bulletin board next to the
main entrance of the City Hall building, 405 Municipal Drive, of the City of Kennedale, Texas, in a place
convenient and readily accessible to the general public at all times and said agenda was posted at least
72 hours preceding the schedule time of said meeting, in accordance with Chapter 551 of the Texas
Government Code.
Leslie Galloway, City ecretary
KENNEDALE
You're Here,Your Home
www.cityofkennedale.com Staff Report to the Honorable Mayor and City Council
Date: July 18, 2016
Agenda Item No: WORK SESSION -A.
I. Subject:
Review the 2016 Board and Commission appointment process and calendar
II. Originated by:
Leslie Galloway, Communications Coordinator
Leslie Galloway, Communication Coordinator
III. Summary:
Based on the timeline as described in Resolution 404 (attached), staff is proposing the following calendar
for the 2016 board and commission appointment process. There is a calendar attached as well.
• July 1: Applications become available
• July 11: First Notification in Newsletter/Flyers
• July 22: Notify Board Members of expiring terms
• July 31: Second Notification in Newsletter/Flyers
• Sept 1: Third Notification in Newsletter/Flyers
• Sept 8: Special Budget Meeting (Pending Council Approval)
• Sept 9: APPLICATIONS DUE BY 5:OOPM
• Sept 15: Special Budget Meeting (if needed)
• Oct 3, 4, 5, 6: Interviews with Council
• Oct 7: Deadline to notify all applicants of Council's intentions
• Oct 13: Deadline for candidate response
• Oct 17: Official appointments made at regular Council Meeting (Will include work session item to allow
time to adjust for candidate responses)
IV. Fiscal Impact Summary:
V. Legal Impact:
VI. Recommendation:
Approve
VII.Alternative Actions:
VIII.Attachments:
1. R404 JR404.pdf
P. Board Appointment Calendar- 2016 lCouncil Calendar- Boards 2016. df
405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817-985-2100 1 Fax: 817-478-7169
RESOLUTION NO. 404
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
KENNEDALE, TEXAS ESTABLISHING AN APPOINTMENT
PROCESS FOR BOARDS AND COMMISSIONS APPOINTED
BY CITY COUNCIL.
WHEREAS, it is the desire of the Mayor and City Council to encourage participation by citizens,
elected officials and appointed officials in the selection process for all appointments to
the City's Boards, Commissions, and Committees; and
WHEREAS, the City Council wishes to recruit and appoint highly qualified individuals to serve
on behalf of the residents of Kennedale in various capacities; and
WHEREAS, the City Council believes that the establishment of an official annual appointment
process will increase awareness and public interest in serving on city boards.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KENNEDALE, TEXAS:
SECTION 1.
The following appointment process shall be used for appointments to existing Boards,
Commissions and Committees established and appointed by the City Council and to those
Boards, Commissions and Committees subsequently established and appointed by the City
Council.
Any existing or subsequently established boards, commissions, or committees whose members
are not appointed by City Council shall be filled through a separate application process.
SECTION 2.
Current board and commission members whose terms expire that year must provide notification
to the City Secretary's office by July 31st indicating either their interest in reapplying for their
current seat or their intent to vacate that seat.
SECTION 3.
For annual appointments, the City Secretary shall advertise vacancies and term expirations for
at least sixty (60) days in any of the following ways: on the City's website, in the City newsletter,
and with announcements at city council and board meetings.
SECTION 4.
Applications will be made available both online and in paper format for a minimum of thirty (30)
days prior to the regular City Council meeting in October. Applications must be fully completed
and submitted to the City Secretary's Office on or before the advertised due date. Incomplete
applications will not be considered. Applicants must agree to abide by the city's Code of Ethics
and to the guidelines established by the City of Kennedale Board and Commission Handbook.
Applicants will be able to indicate specific boards of interest; however, final placement is left to
the discretion of City Council.
Reappointments are not automatic and are subject to the discretion of City Council. Present
members who wish to continue to serve in their current seat must abide by the process
described herein, including the application and interview process.
SECTION 5.
Upon closure of the application period, all applications and any supporting documents shall be
sent to City Council. Interviews of all applicants will be conducted by City Council as a whole
prior to the official appointment date in October. Applicants will be expected to attend an
interview and be familiar with city initiatives and plans. All applicants will be notified of the
status of their application prior to the official appointment date.
SECTION 6.
Official appointments will be made at the regular City Council meeting in October.
SECTION 7.
All applications and supporting documentation shall be kept on file in the City Secretary's office
for one (1) year. Should a vacancy occur, the applications on file and any new applications
received shall be sent to the City Council for review and consideration for appointment by the
City Council.
SECTION 8.
This resolution shall be effective upon its approval by the City Council.
APPROVED this 11th day of July, 2013.
APPROVED: J
Ma or John bark
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Amethyst G. Cirm , City Secretary V1'r •e`'•tF*
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Board Application Process 2016
01 02
(board apps available)
03 04 HOLIDAY 05 06 07 08 09
10 11 First Notification in 12 13 14 15 16
Newsletter
17 18 19 20 21 22 Expiring Board Members 23
REGULAR MTG Notified
24 25 26 27 28 29 30
31 01 Second Notification in the 02 03 04 05 Expiring Board Members 06
Newsletter Must Inform Staff of Their
Intention to Reapply(or not)
07 08 09 10 11 12 13
BUDGET WKSHP
14 15 16 17 18 19 Expiring Board Members 20
REGULAR MTG Notified(2°"time)
21 22 23 24 25 26 27
28 29 30 31
01 Third Notification in the 02 Expiring Board Members 03
Newsletter Notified(3rd)
04 05 06 07 Expiring Board Members 08 09 10
HOLIDAY Notified(Final) SPECIAL MTG:BUDGET (board apps DUE)
11 12 13 14 15 (if needed for tax rate) 16 17
SPECIAL MTG:BUDGET
18 19 20 21 22 23 24
REGULAR MTG
25 26 27 28 29 30
01
02 03 04 05 06 07 08
INTERVIEWS INTERVIEWS INTERVIEWS INTERVIEWS (board candidates notified)
09 10 11 12 13 14 15
(deadline to accept nomination)
16 17 (board appts made) 18 19 20 21 22
REGULAR MTG
23 24 25 26 27 28 29
30 31
KENNEDALE
You're Here,Your Home
www.cityofkennedale.com Staff Report to the Honorable Mayor and City Council
Date: July 18, 2016
Agenda Item No: WORK SESSION - B.
I. Subject:
Discussion of items on regular agenda
II. Originated by:
III. Summary:
Discussion of items on regular agenda.
IV. Fiscal Impact Summary:
V. Legal Impact:
VI. Recommendation:
VII.Alternative Actions:
VIII.Attachments:
405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817-985-2100 1 Fax: 817-478-7169
KENNEDALE
You're Here,Your Home
www.cityofkennedale.com Staff Report to the Honorable Mayor and City Council
Date: July 18, 2016
Agenda Item No: EXECUTIVE SESSION -A.
I. Subject:
The City Council may meet in closed session at any time during the work session or the regular session,
pursuant to Section 551.071 of the Texas Government Code for consultation with the City Attorney
pertaining to any matter in which the duty of the City Attorney under the Texas Disciplinary Rules of
Professional Conduct may conflict with the Open Meetings Act, including discussion on any item posted
on the agenda and the following matters:
1. Citizen's Petition
II. Originated by:
III. Summary:
IV. Fiscal Impact Summary:
V. Legal Impact:
VI. Recommendation:
VII.Alternative Actions:
VIII.Attachments:
405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817-985-2100 1 Fax: 817-478-7169
KENNEDALE
You're Here,Your Home
www.cityofkennedale.com Staff Report to the Honorable Mayor and City Council
Date: July 18, 2016
Agenda Item No: EXECUTIVE SESSION - B.
I. Subject:
The City Council will meet in closed session pursuant to Section 551.072 of the Texas Government Code
to deliberate the purchase, exchange, lease, or value of real property for the following:
1. 108 New Hope Road
2. 6727 Hudson Village Creek
II. Originated by:
III. Summary:
IV. Fiscal Impact Summary:
V. Legal Impact:
VI. Recommendation:
VII.Alternative Actions:
VIII.Attachments:
405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817-985-2100 1 Fax: 817-478-7169
KENNEDALE
You're Here,Your Home
www.cityofkennedale.com Staff Report to the Honorable Mayor and City Council
Date: July 18, 2016
Agenda Item No: REPORTS/ANNOUNCEMENTS -A.
I. Subject:
Updates from City Council
II. Originated by:
City Council, City Council
III. Summary:
Updates and information from Council members .
IV. Fiscal Impact Summary:
V. Legal Impact:
VI. Recommendation:
None
VII.Alternative Actions:
VIII.Attachments:
405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817-985-2100 1 Fax: 817-478-7169
KENNEDALE
You're Here,Your Home
www.cityofkennedale.com Staff Report to the Honorable Mayor and City Council
Date: July 18, 2016
Agenda Item No: REPORTS/ANNOUNCEMENTS - B.
I. Subject:
Updates from the Mayor
II. Originated by:
III. Summary:
Updates and information from the Mayor.
IV. Fiscal Impact Summary:
V. Legal Impact:
VI. Recommendation:
VII.Alternative Actions:
VIII.Attachments:
405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817-985-2100 1 Fax: 817-478-7169
KENNEDALE
You're Here,Your Home
www.cityofkennedale.com Staff Report to the Honorable Mayor and City Council
Date: July 18, 2016
Agenda Item No: REPORTS/ANNOUNCEMENTS - C.
I. Subject:
Updates from the City Manager
II. Originated by:
Bob Hart
III. Summary:
Updates and information from City Manager, if any.
IV. Fiscal Impact Summary:
V. Legal Impact:
VI. Recommendation:
VII.Alternative Actions:
VIII.Attachments:
405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817-985-2100 1 Fax: 817-478-7169
KENNEDALE
You're Here,Your Home
www.cityofkennedale.com Staff Report to the Honorable Mayor and City Council
Date: July 18, 2016
Agenda Item No: MONITORING INFORMATION -A.
I. Subject:
Monthly Financials- June 2016
II. Originated by:
III. Summary:
Overview of the City's revenues/expenditures for all funds compared to budget and previous year.
IV. Fiscal Impact Summary:
V. Legal Impact:
VI. Recommendation:
VII.Alternative Actions:
VIII.Attachments:
1. June 2016 Monthly Financials 12016_06 Monthly Financials. df
405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817-985-2100 1 Fax: 817-478-7169
CITY OF KENNEDALE,TEXAS
ANNUAL PROGRAM OF SERVICES
MONTHLY FINANCIALS
FY14-15 FY14-15 FY14-15 FY14-15 FY15-16 CURRENT FY14-15 CY-PY ?7 OF BUDGET BUDGET
REVENUES YTD YTD MAY ESTIMATE ACTUAL ADOPTED MONTH YTD CHANGE USED REMAINING
GENERAL FUND 4,791,580 4,777,931 5,824,090 6,023,006 6,091,420 569,480 5,275,617 436,952 86.67. 815,802
OTHER GENERAL FUNDS 1,028,899 935,153 1,438,206 1,437,430 1,263,636 158,876 777,027 28,617 61.5% 486,609
GENERAL FUND 5,820,478 5,713,084 7,262,295 7,460,436 7,355,056 728,356 6,052,644 465,568 82.3% 1,302,412
GENERAL DEBT SERVICE FUND 1,264,185 1,224,363 1,393,601 1,340,773 1,403,111 32,900 1,275,736 43,928 90.9% 127,376
WATER/SEWER FUND 2,092,681 1,826,586 3,363,757 3,460,517 5,672,328 455,218 2,873,234 2,185,873 50.77. 2,799,094
STORMWATER UTILITY FUND 137,132 121,863 159,647 200,108 247,825 26,319 181,339 (17,700) 73.2% 66,486
WATER IMPACT FUND 124,539 124,532 166,034 172,370 116,040 84,242 150,169 30 129.47. (34,129)
SEWER IMPACT FUND 29,736 29,735 32,010 44,619 6,682 29,179 47,426 (1) 709.87. (40,744)
WATER/SEWER FUND 2,384,088 2,102,716 3,721,448 3,877,614 6,042,875 594,958 3,252,168 2,168,203 53.8% 2,790,707
EDC413 FUNDS 389,218 363,877 592,072 650,469 912,036 50,204 373,814 10,331 41.0% 538,222
CAPITAL FUNDS 216,794 209,505 809,751 827,125 1,141,107 144,149 540,149 (107,523) 47.3% 600,958
SPECIAL REVENUE FUNDS (3,058) 6,668 106,668 42,861 126,801 1 89,673 125,000 70.7% 37,128
TOTAL REVENUES $10,071,706 $9,620,212 $13,885,835 $14,199,278 $16,980,986 $1,550,568 $11,584,183 $2,705,508 68.2% 5,396,802
FY14-15 FY14-15 FY14-15 FY14-15 FY15-16 CURRENT FY14-15 CY-PY ?7 OF BUDGET BUDGET
EXPENDITURES YTD YTD MAY ESTIMATE ACTUAL ADOPTED MONTH YTD CHANGE USED REMAINING
GENERALFUND 4,065,603 3,599,897 5,814,269 5,688,346 6,198,118 431,346 4,297,100 372,294 69.3% 1,901,018
OTHER GENERAL FUNDS 808,116 710,700 1,229,763 1,127,260 1,322,814 68,921 1,041,576 24,818 78.7% 281,238
GENERAL FUND 4,873,719 3,599,897 5,814,269 6,815,606 7,520,932 500,267 5,338,676 397,112 69.3% 2,182,255
GENERAL DEBT SERVICE FUND 1,338,313 1,139,537 1,344,156 1,338,313 1,363,867 (68) 1,173,405 20,759 86.0% 190,462
WATER/SEWER FUND 3,094,442 2,626,412 4,695,060 4,050,650 6,093,227 283,275 2,894,704 1,032,548 47.5% 3,198,523
STORMWATER UTILITY FUND 295,243 291,026 315,478 111,696 264,273 30,720 90,189 (307,954) 34.17. 174,084
WATER IMPACT FUND - - 174,916 174,916 171,200 - - (3,716) 0.0% 171,200
SEWER IMPACT FUND - - 22,396 22,396 - - - (22,396) 0.0% -
WATER/SEWER FUND 3,389,685 2,917,438 5,207,850 4,359,658 6,528,700 313,995 2,984,893 698,482 45.7% 3,543,807
EDC413 FUNDS 512,938 475,271 671,977 733,118 711,842 93,304 589,421 (24,127) 82.8% 122,422
CAPITAL FUNDS 266,643 285,607 741,452 795,765 1,283,626 - 528,495 (53,843) 41.2% 755,131
SPECIAL REVENUE FUNDS - - 101,800 48,852 126,800 16,664 105,110 (55,000) 82.9% 21,690
TOTAL EXPENDITURES $10,381,298 $8,417,748 $13,881,504 $14,091,312 $17,535,767 $ 924,162 $10,720,001 $ 983,384 61.1% 6,815,766
"EXEMPLIFYING EXCELLENCE'
CITY OF KENNEDALE,TEXAS
ANNUAL PROGRAM OF SERVICES
MONTHLY FINANCIALS
FY14-15 FY14-15 FY15-16 CURRENT FY15-16 CY- PY OF BUDGET BUDGET
GENERAL FUND YTD ACTUAL ADOPTED MONTH YTD CHANGE USED REMAINING
CITY MANAGER 190,860 275,390 293,578 14,818 204,024 11,658 69.5% 89,554
MAYOR/CITY COUNCIL 54,726 77,128 88,576 1,201 61,964 (5,530) 70.0% 26,612
CITY SECRETARY 81,454 124,118 135,923 6,734 92,171 (12,421) 67.8% 43,752
MUNICIPAL COURT 93,043 129,204 157,745 14,826 83,590 18,928 53.0% 74,156
HUMAN RESOURCES 82,206 112,330 124,565 8,376 86,725 6,723 69.6% 37,839
FINANCE 264,846 348,750 323,931 19,924 249,482 (96,469) 77.0% 74,449
POLICE 1,416,651 2,033,489 2,245,833 151,313 1,539,247 193,639 68.5% 706,586
FIRE 1,203,866 1,627,526 1,728,014 135,151 1,234,239 79,246 71.4% 493,775
COMMUNITY DEVELOPMENT 222,148 347,889 439,480 42,272 288,455 57,053 65.6% 151,025
SENIOR CITIZEN CENTER 34,556 50,569 54,077 4,376 34,398 (32) 63.6% 19,679
LIBRARY 152,801 217,519 239,080 19,296 176,922 9,990 74.0% 62,157
NONDEPARTMENTAL 268,446 344,434 367,317 13,059 245,885 109,510 66.9% 121,433
TOTAL EXPENDITURES $4,065,603 $5,688,346 $ 6,198,118 $ 431,346 $4,297,100 $ 372,294 69.37. $1,901,018
FY14-15 FY14-15 FY15-16 CURRENT FY15-16 CY- PY ?r.OF BUDGET BUDGET
WATER/SEWER FUND YTD ACTUAL ADOPTED MONTH YTD CHANGE USED REMAINING
UTILITY BILLING 777,564 1,326,837 1,360,981 32,833 643,632 14,824 47.3% 717,349
WATER OPERATIONS 1,233,868 1,109,432 3,156,143 153,233 1,089,577 1,374,731 34.5% 2,066,567
DEBT 443,926 186,691 505,472 - 450,087 1,372 89.0% 55,385
NONDEPARTMENTAL 639,084 1,427,690 1,070,631 97,209 711,408 (358,379) 66.4% 359,223
TOTAL EXPENDITURES $3,094,442 $4,050,650 $ 6,093,227 $ 283,275 $2,894,704 $1,032,548 47.5% $3,198,523
FY14-15 FY14-15 FY15-16 CURRENT FY15-16 CY- PY ?r.OF BUDGET BUDGET
STREET IMPROVEMENT FUND YTD ACTUAL ADOPTED MONTH YTD CHANGE USED REMAINING
STREETS 465,208 704,161 1,042,537 37,140 829,332 213,861 79.5% 213,206
PARKS MAINTENANCE 69,856 118,624 84,000 19,670 91,316 7,000 108.7% (7,316)
TOTAL EXPENDITURES $ 535,064 $ 822,784 $ 1,126,537 $ 56,810 $ 920,648 $ 220,861 81.7% $ 205,890
FY14-15 FY14-15 FY15-16 CURRENT FY15-16 CY- PY %.OF BUDGET BUDGET
EDC411 FUNDS YTD ACTUAL ADOPTED MONTH YTD CHANGE USED REMAINING
ADMINISTRATION 153,660 241,795 176,466 84,434 230,610 (85,995) 130.7% (54,145)
DEBT SERVICE 314,287 323,315 319,893 4,573 304,974 (3,475) 95.3% 14,919
TOWN SHOPPING CENTER 44,992 66,816 50,484 4,297 35,098 - 69.5% 15,386
TOWN CENTER REDEVELOPME - - 90,000 - - 90,000 0.0% 90,000
TX LEVERAGE - 101,192 50,000 - 18,739 (60,000) 37.5% 31,261
TOTAL EXPENDITURES $ 91,744 $ 715,745 $ 686,842 $ 84,494 $ 84,494 $ (59,471) 12.3% $ 97,422
"EXEMPLIFYING EXCELLENCE"
KENNEDALE
You're Here,Your Home
www.cityofkennedale.com Staff Report to the Honorable Mayor and City Council
Date: July 18, 2016
Agenda Item No: MONITORING INFORMATION - B.
I. Subject:
Executive Limitations
II. Originated by:
III. Summary:
Reports are attached for review.
IV. Fiscal Impact Summary:
V. Legal Impact:
VI. Recommendation:
VII.Alternative Actions:
VIII.Attachments:
1. Executive Limitations- June 2016 lExecutive Limitations 07.2016.docx
405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817-985-2100 1 Fax: 817-478-7169
POLICY TYPE: EXECUTIVE LIMITATIONS
POLICY TITLE: GLOBAL EXECUTIVE CONSTRAINT
The City Manager shall not cause or allow any organizational practice, activity, decision, or
circumstance that is either unlawful, imprudent, or in violation of commonly accepted business and
professional ethics.
The utility system remains in a deficit financial position. The recent rate increase will bring the system back
into compliance with the fiscal policies within 4 years years. Other operations ae in compliance with the
global constraint policy.
POLICY TYPE: EXECUTIVE LIMITATIONS
POLICY TITLE: TREATMENT OF CUSTOMERS OF CITY SERVICES
With respect to interactions with customers, the City Manager shall not cause or allow conditions,
procedures,or decisions that are unsafe, untimely, undignified, or unnecessarily intrusive.
The City Manager will not:
1. Elicit information for which there is no clear necessity.
2. Use methods of collecting, reviewing, transmitting, or storing customer information that fail to
protect against improper access to the material
3. Operate facilities without appropriate accessibility and privacy.
4. Operate without establishing with customers a clear understanding of what may be expected and
what may not be expected from the service offered.
5. Operate without informing customers of this policy or providing a way to be heard for persons
who believe that they have not been accorded a reasonable interpretation of their rights under this
policy.
Cyber security issues are a major concern in compliance with point 2. The city backs up files on a daily basis
to avoid more common hacking attempts. Limitations have been placed on what websites can be accessed.
Both the city manager and IT analyst are members of InfraGard to better understand the risks involved.
POLICY TYPE: EXECUTIVE LIMITATIONS
POLICY TITLE: TREATMENT OF STAFF
With respect to the treatment of paid and volunteer staff, the City Manager shall not cause or allow
conditions that are unfair, undignified, disorganized, or unclear.
The City Manager will not
1. Operate without written personnel rules that (a) clarify rules for stair, (b) provide for effective
handling of grievances,and (c) protect against wrongful conditions, such as nepotism and grossly
preferential treatment for personal reasons.
2. Retaliate against any staff member for non-disruptive expression of dissent.
3. Allow staff to be unaware of City Manager's interpretations of their protections under this policy.
4. Allow staff to be unprepared to deal with emergency situations.
The city maintains current personnel policy and orientation handbook. City operations are in compliance with
the treatment of staff policy. Kelly Cooper works well with staff to ensure polices are followed. Staff
recently completed supervisory and leadership training. Succession planning is underway for public works,
fire, and police.
POLICY TYPE: EXECUTIVE LIMITATIONS
POLICYTITLE: EMERGENCY CITYMANAGER SUCCESSION
In order to protect the Council from sudden loss of the City Manager Services, the City Manager shall not
permit there to be less than one other person familiar enough with Council and City Manager issues and
procedures to be able to maintain organization services.
Kelly Cooper is the most informed of staff members. Rachel Roberts is wooing closely with me on Village Creek
andthe salvage yards. The department heads collectively are aware of on-going activities and projects, and I
have been more attentive to this in both budget reviews and staff meetings. Krystal Crump is
providing excellent support insofar as city finances are concerned. Jack Thompson(EDC& Chamber)
is familiar with the business development activities.
KENNEDALE
You're Here,Your Home
www.cityofkennedale.com Staff Report to the Honorable Mayor and City Council
Date: July 18, 2016
Agenda Item No: MONITORING INFORMATION - C.
I. Subject:
Ends Review- Balanced Scorecard
II. Originated by:
III. Summary:
Reports are attached for review.
IV. Fiscal Impact Summary:
V. Legal Impact:
VI. Recommendation:
VII.Alternative Actions:
VIII.Attachments:
1. Balanced Scorecard - June 2016 113alanced Scorecard. df
405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817-985-2100 1 Fax: 817-478-7169
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KENNEDALE
You're Here,Your Home
www.cityofkennedale.com Staff Report to the Honorable Mayor and City Council
Date: July 18, 2016
Agenda Item No: REQUIRED APPROVAL ITEMS (CONSENT) -A.
I. Subject:
Consider approval of minutes from June 27, 2016 regular meeting
II. Originated by:
III. Summary:
Please see the attached minutes for your approval.
IV. Fiscal Impact Summary:
V. Legal Impact:
VI. Recommendation:
Approve
VII.Alternative Actions:
VIII.Attachments:
Fl----Fc—itY Council Meeting Minutes -June 27, 2016 -27-16. df
405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817-985-2100 1 Fax: 817-478-7169
)c
KENNEDALE
You're Here,Your Home
www.cityofkennedale.com KENNEDALE CITY COUNCIL
MINUTES
REGULAR MEETING
June 27, 2016
CITY HALL COUNCIL CHAMBERS, 405 MUNICIPAL DRIVE
WORK SESSION - 5:30 PM
REGULAR SESSION - 7:00 PM
I. CALL TO ORDER
Mayor Johnson called the meeting to order at 5:30 p.m.
II. WORK SESSION
*NOTE: Pursuant to Section 551.071, Texas Government Code, the City Council reserves
the right to adiourn into Executive Session at any time durin_p the work session or the
regular session to discuss posted executive session items or to seek legal advice from the
City Attorney on any item posted on the agenda.
A. Discussion of Kennedale Public Library's Long Range Plan
Library Director Amanda King provided an overview of the long range plan; she noted that a
long range plan is needed in order to keep the Library accreditation. Amanda stated that when
preparing the long range plan, she wanted it to be something that staff could reference;
something that showed where we are going and what are values are; and a statement of what
we believe: community, collaboration, respect, learning, and accountability. She noted that we
are currently doing these things, but felt it was important to state it. She noted that the ends
statement has been revamped due to feedback from community conversations and the Library
Advisory Board.
In closing, she stated the goal is to make the Library a community hub and a place where
citizens can get community information.
B. Discuss City Council meeting procedures
City Manager Bob Hart stated that at the May budget workshop Council talked about the need to
create meeting procedures. Bob added that after looking over examples from several sources,
most were common across the board. Also, in the documents provided is an excerpt from a
Lewis McClain article about becoming a "teaching council", which plays to Council's strengths.
As was discussed at the workshop, Council has found a balance over the years where
everything flows pretty smoothly and I thought it would be good to have these things in writing.
Mayor Johnson stated that we already have a written document like this, and what Council
needs now is a procedure for deciding what's on the agenda. There was lengthy discussion
405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817-985-2100 1 Fax: 817-478-7169
concerning the need to create written procedures regarding request to add items to the agenda;
speaking with the media; and order of the meeting. It was noted that we need to follow
parliamentary procedures, and it was suggested that Council reviews "Robert Rules of
Order" for small boards.
C. Discussion of items on regular agenda
No items were discussed at this time.
III. REGULAR SESSION
Mayor Johnson opened the regular session at 7:00 p.m.
IV. ROLL CALL
Present: Frank Fernandez, Brian Johnson , Kelly Turner, Liz Carrington, Charles Overstreet,
Michael Walker
Absent: None
V. INVOCATION
Covenant Life Baptist Church Pastor Greg Adams provided the 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. PRESENTATIONS
A. Bulin Family Brick Presentation
Alvin "Red" & Hazel Austin Bulin
Thomas Alvin & Viola Williams Bulin
Mayor Johnson read a statement that listed many of the contributions made by the Bulin Family
to the Kennedale community. He presented two brick pavers to the family that will be placed
under the clock tower at TownCenter Park.
VIII. VISITOR/CITIZENS FORUM
At this time, any person with business before the City Council not scheduled on the Agenda may
speak to the Council, provided that an official `Speaker's Request Form'has been completed and
submitted to the City Secretary prior to the start of the meeting. All comments must be directed
towards the Mayor and Council, rather than individual council members or staff. All speakers must
limit their comments to the subject matter as listed on the `Speaker's Request Form.' No formal
action or discussion can be taken on these items.
Mayor Johnson opened the Citizens Forum stating that this time is for citizens to speak on topics
not on the agenda; noting that Council cannot take action, nor respond. Additionally, he requested
that everyone stay on topic and be as brief as possible, due to the number of people signed up to
speak.
Cecil Bedford, 12429 Oak Grove Road South, Burleson, he spoke in regard to the naming of the
round-a-bouts on Little Road. He is the son of Frank and Wilma (Waddie) Bedford. He requested
Council consider naming the round-a-bouts after his family and the Cooper family for their
Page 2 of 10
contributions to the community. He added that both families are lifelong members of the community
and provided background information on the families.
John Hunt, 924 Sunrise Drive, he introduced himself, stating that he was just elected as president
of the Kennedale Independent School Board. He stated that he appreciates the spirit of
cooperation between the two boards and extends a hand of friendship. Concluding, he added that
he knows how hard the Council's work is and hopes they can corporate and work well together in
the future.
Chris Pugh, 715 Timberline Drive, he spoke in regard to the Kennedale Parks, Recreation, and
Open Space Master Plan. He stated that he enjoys the parks, but hopes Council will consider
what's most important as the budget approaches. Noting that we need to focus on needs, not
wants; and that drawing families and businesses to Kennedale requires a dependable
infrastructure and reasonable costs of living. He requested Council carefully consider the city's
needs and use the opportunities given to resolve, in a timely manner, the infrastructure crisis the
city is presently experiencing.
Sandy Mata, 1209 Vera Lane, spoke in opposition of the water rate increase. She stated that
the new rate structure is not fair; she should not be paying the same as the family of eight who live
across the street. She thanked Councilman Fernandez for voting against the water rate increase,
and encouraged Council to take another look at the rate structure.
Gary Swan, 309 Autumnwood Court, spoke in opposition of the water rate increase. He stated that
a core group of citizens have been working together to find a solution. He brought a Star Telegram
article from 13 years ago where seniors were protesting their rising water costs of 28 percent. He
stated that it seems like you have to have a catastrophe to light a fire under people for them to
become active. He feels like this issue is not going to go away; and that it is necessary to work
together in a collaborative way. Adding, that after the April meeting, he didn't see any public
response; there were casual meetings with the Mayor; and outside consultants and groups were
asked to weigh in. He informed the Council that there is a petition out there with 600+ signatures;
and of those, 330 can be verified through their voter registration. This will be presented to the City
Secretary in due time. The Citizen's group talked about a recall, but that is absolutely not the
answer. We feel like you are all ethically and morally right, the same as we are. We
are recommending that Ordinance 589 be rescinded in its entirety; the city resume the prior water
rate billing; and we would like the Kennedale water fund budget be reevaluated collaboratively with
the consideration of the citizens.
Gail Uranga, 904 Bell Oak, spoke in opposition of the water rate increase. She is asking Council to
please listen carefully to the citizens that are here. She's been listening and community anger is
increasing with each bill received. She provided several statements from within the community.
She questioned why a municipal bond wasn't considered? How did this become an overnight
crisis? Why was this done outside of the regular budget cycle? Why didn't Council considered the
impact of this increase after two months of complaints? Adding that citizens feel the expansion
costs for the city should not come from their pockets; most have no confidence in the water meters;
and now, no confidence in our leaders to protect our interests. She stated that she doesn't know
them personally, but believes they have the community's best interests at heart.
Page 3 of 10
Alan Ray, 1025 Winding Creek, spoke in opposition of the water rate increase. He stated that the
meters are not trusted by the citizens. His viewpoint is that we have a spending problem. A few
years ago, he heard in this room, that they were going to fix the water tower. Where did the money
for that go, because it surely hasn't been fixed. Our citizen's group has heard such sad stories
about residents not being able to afford their water bill. Even though we don't want to do a recall,
there are lots of people out there who are starting to say it. He urged Council to go back to the old
rate structure, issue credits for monies collected, and get this resolved.
Carole Ray, 1025 Winding Creek, spoke in opposition of the water rate increase. She stated that
she is part of the core group. Adding that she is sure that Council is aware, but may need to be
reminded, that with the exception of Mr. Hart, all are elected official and work for the citizens for the
betterment of Kennedale. She stated that this was done without any notification and has caused
many hardships to the citizens of Kennedale.
Rockie Gilley, 220 S. Dick Price Road, spoke in opposition of the water rate increase. He stated
that he doesn't believe Council set out to extract money from the citizens to the extent that it
has. He believes they lost sight of the basic needs verses pie-in-the-sky dream projects. He feels
some of this process was contrary to the principles of open government... he's not saying it wasn't
illegal. He provided a timeline of events starting in September 2015 to current day relating to the
rate increase. Besides the way it was passed, he noted the lack of a plan to repair failing lines;
including a statement of problem, scope, and timeline. Additionally, he finds some of the
statements on the water rate fact sheet misleading. He suggested that perhaps we should consider
single-member districts so that the west side of town can get some representation. He stated, this
town will grow, but the question is how fast and how much. If you can't take care of what you have,
maybe you need to forego the growth plans for a while, and fix what's broke before we bite off
something else. He doesn't believe Council promotes the interest of the residents as a whole.
Jan Joplin, 204 Hilltop, spoke in opposition of the water rate increase. She stated that she is a
resident, a mom whose kids went through Kennedale schools, now an empty-nester. They
received the notice that the water rate would go up about $35; then we started getting bills, and the
increase was much more than $35. We are here to try to understand why the increase was so
costly. She does understand the need to have reserves; however, why weren't these projects
budgeted for years ago? If they were, where is that money? We want to know what can be done.
She met with many neighbors, and hears similar stories. People don't know what to do or who to
call. Everyone was busy living life and trusting that our officials were doing what's best. She stated
that she is hoping that the Mayor, Council, and City Manager are working for the citizens to find a
solution.
Adrienne Kay, 918 Shady Creek, spoke in support of Council's decision to increase water rates.
She stated that she has been in Kennedale for about 8 years and loves the community, and that
she served on the water rate committee. Additionally, she serves on the Economic Development
Corporate Board, which is working to attract businesses, and thus revenue. She stated she served
on the previous water rate committee three years ago, and although our economy is not perfect
today, it's much better than three years ago when an increase was proposed. Council didn't believe
it was for the best at that time. Continuing, she stated that we don't have people who want to invest
time in committees like this; and that the water rate committee had a varied group and still couldn't
Page 4 of 10
find a great solution. So, we brought forward the lesser of two evils. She stated that there comes a
time that you have to pay the piper, and that's where we are now. She added that she admires the
Council because she knows these are not their full time jobs. In closing, she stated that she still
supports the plan, but believes that perhaps there is a better solution; but she doesn't think this
plan should be repealed until we have a solution. She agrees that nobody should be forced to
choose between water or food and medicine.
Greg Adams, 704 Crestview, spoke in support of Council's decision to increase water rates. He
stated that he is not happy with the water rate increase; it has increased his home bill by 50
percent and his Church by 300 percent. He is not in attendance to criticize, but to commend
Council; in a climate where politicians cower, this Council was brave enough to make a hard
decision. This increase was necessary; I know this because for years I've sat in this room, often as
the only attendee at council meetings. I've heard Council lament the fact that this was not dealt
with properly years ago, and grapple with the realities of how much of a burden this change might
be on residents. This Council has acted openly, above-board, with the citizenry in mind, doing what
was necessary. This City is served well by both the people seated before me, and those seated
behind me. This community has improved tremendously over the past 6-7 years because of the
work of this Council. I'm certain that Council will learn from this experience and become even
better representatives.
Raymond Howell, 908 Shady Bend, spoke in opposition of the water rate increase. He provided
two handouts with information concerning taxes/school taxes in the surrounding areas. Kennedale
had the third highest tax rates of the cities listed; behind Everman and Fort Worth per this article
from the handouts. Of the 21 cities, KISD was rated #8. He stated that he would appreciate
Council's efforts to try to do something about these issues.
Ernest Harvey, 604 Oak Leaf, spoke in support of Council's decision to increase water rates. He
stated that he is the Chair for the Planning and Zoning Commission, and has been involved in
studies done by the City in the past. Before I served on a committee, I would attend meetings. This
water issue has been facing Councils for multiple administrations. It appears to be new, but it's
something this City has been facing for years. Additionally, he stated that this is a nationwide
problem that's been documented as far back as 1999. Choosing not to recognize the decay in
capital improvements will increase the expenditures of deferred maintenance. We must put the
right spending in place and look for a different kind of rate structure, and I think that's what's
happened here. I don't like the rate increases either; and he asked Council to look at ways
to lessen the burden on those who are income challenged. He commended Council for making this
hard decision; and thanked them for protecting the general health, welfare, and safety of the
residents.
Robert Gruenhagen, 913 Shady Vale Drive, did not speak, but wished to go on record as to his
support to repeal Ordinance 589, which increased the water rates.
Jill Conditt, 1224 Peggy Lane; Vinita Thomas, 412 W. 3rd Street; and Gloria Villaire, 208 Arthur
Drive; did not speak, but were in attendance in opposition of the water rate increase.
Mayor Johnson thanked everyone for coming and closed the Citizen's Forum. Council took a five
minute recess before moving on with the agenda.
Page 5 of 10
IX. REPORTS/ANNOUNCEMENTS
In addition to any specific matters listed below, the city council may receive a report about items of
community interest, including but not limited to recognition of individual officials, citizens or
departments, information regarding holiday schedules, upcoming or attended events, etc.
A. Updates from City Council
Mike Walker stated that he attended the Tarrant Regional Transportation Coalition (TRTC)
meeting with the Mayor and Bob Hart.
Charles Overstreet stated that he, Bob and Brian met with the Brookhaven HOA to give an
update of the City.
B. Updates from the Mayor
Mayor Johnson stated that he also attended the TRTC meeting with Mike Walker. Additionally,
he attended the Southeast Tarrant Transportation Partnership meeting where they talked about
the 1-20/820/287 interchange project. This project is the number one project for COG and will
cost $1.4 billion. He added that the project is currently in the environmental study phase. In
closing, he joked that he appeared in the Kennedale Junior High School's production of "Annie"
as FDR, and was not sure that he'd be invited back next year.
C. Updates from the City Manager
There were no updates from the City Manager.
X. MONITORING INFORMATION
Monitoring information updates are in the agenda packet for review.
A. Monthly Financials - May 2016
B. Executive Limitations
C. Ends Review - Balanced Scorecard
XI. INCIDENTAL ITEMS
There were no Incidental Items for discussion.
XII. REQUIRED APPROVAL ITEMS (CONSENT)
All matters listed under incidental items (consent) have been previously discussed, require little or
no deliberation, or are considered to be routine by the council. If discussion is desired, then an
item will be removed from the consent agenda and considered separately.
A. Consider approval of minutes from May 14, 2016 budget planning workshop
B. Consider approval of minutes from May 16, 2016 Election Business meeting
C. Consider approval of minutes from May 16, 2016 regular meeting
D. Consider approval of the NCTCOG share purchasing co-op
Motion To approve all required approval Items on (Consent) agenda. Action Approve, Moved
By Charles Overstreet, Seconded By Kelly Turner.
Page 6 of 10
Motion passed Unanimously
XIII. DECISION ITEMS
A. Selection of a Mayor Pro-Tem
Mayor Johnson reminded everyone that the Mayor Pro-Tem is usually the senior member of
council and will act as Mayor in his absence. Councilman Fernandez recommended the
reappointment of Kelly Turner as Mayor Pro-Tem
Motion To reappoint Kelly Turner as Mayor Pro-Tem. Action Approve, Moved By Frank
Fernandez, Seconded By Liz Carrington.
Motion passed with a vote of 4-0-1; with Kelly Turner abstaining.
B. CASE # PZ 16-06 Public hearing and consideration of Ordinance 598 approval regarding a
request by CHC Development for an amendment to the concept plan for the Swiney Estates
Planned Development District. The Swiney Estates Planned Development District is generally
located west of Bowman Springs Rd, south of Bolen Rd, east of a tributary of Village Creek,
and north of Pennsylvania Ave.
1. Staff presentation
2. Applicant presentation
3. Public hearing
4. Applicant response
5. Staff response and summary
6. Action by the City Council
City Planner Rachel Roberts provided the presentation for PZ Case 16-06, stating that it is part
of the Swiney property. In January, Council approved a planned development district for this
property and during the preliminary platting process; CHC Development noticed that it was
possible to move the entrance road from the east side of the property to the south side.
This would actually be better and will line up with Pennsylvania Avenue and will allow for a
gentler grade for the roads; with lower and fewer retaining walls between the lots and more
green space along the periphery. The Planning and Zoning Commission has reviewed and
recommends approval. Staff recommends approval, noting that fewer and lower retaining wall
makes it easier for homeowners to maintain, and the gentler grade allows for more consistent
utility line implementation. Councilman Fernandez questioned why we can't have two entrances.
Rachel replied that City code only requires that you have two entrances if there are forty (40) or
more lots and this development only has thirty-five (35) lots; therefore, two entries are not
required.
Applicant presentation was provided by Ryan McGuire from CHC Development. He stated that
Rachel covered most of the points of the revisions. He added that whether you have an entry on
the south or north, the grade is so large that it would cause the roads to be steep which would
require major retaining walls. Additionally, he noted that it creates a better park entrance which
allows for a possible parking area in the future. It also provides additional greenspace between
Bowman Springs Road and the neighborhood. Councilman Fernandez questioned the distance
Page 7 of 10
between the cul-de-sac and Bowmen Springs Road. Mr. McGuire replied approximately fifty (50)
feet. There were additional discussions.
Public Hearing:
Mayor Johnson opened the public hearing; there was no one present requesting to speak.
Mayor Johnson closed the public hearing.
There was no Applicant Response or Staff Response and Summary.
Motion To approve Ordinance 598 amending the concept plan for the Swiney Estates Planned
Development District. Action Approve, Moved By Michael Walker, Seconded By Charles
Overstreet.
Motion passed Unanimously
C. Public Hearing and consider approval of Ordinance 601 adopting the Kennedale 2016-2026
Parks, Recreation, and Open Space Master Plan
1. Staff Presentation
2. Public Hearing
3. Staff response and summary
4. Action by Council
Streets/Parks Superintendent Larry Hoover provided a power point presentation of the Parks,
Recreation, and Open Space Master Plan. Larry stated that Kennedale's population is projected
to double between 2010 and 2030. Adding, that this Master Plan was developed using
the National Recreation and Park Association Regulations, the Colorado Small Community
Standards (for communities under 10,000), the City of Arlington Open Space Standards, and the
2005 Resident Survey that identified areas of demand for parks.
Mayor Johnson stated that they went to UTA's Urban Planning Department which did this plan
for free. He added that a lot of funding for the Master Plan comes from park impact fees paid by
developers, which are put it into a conservation fund that can later be used as a grant match for
park improvements. He noted that this plan reflects the long-term goals and dreams for the City.
Public Hearing:
Mayor Johnson opened the public hearing; there was no one present requesting to speak.
Mayor Johnson closed the public hearing.
Staff Response and Summary:
Larry Hoover stated that the Parks and Recreation Board and the Youth Advisory Board have
both reviewed the plan and recommend approval.
Motion To approve Ordinance 601 adopting the Kennedale 2016-2026 Parks Recreation, and
Open Space Master Plan. Action Approve, Moved By Charles Overstreet, Seconded By Liz
Carrington.
Motion passed Unanimously
D. Consider approval of Ordinance 597 re-appointing Kennedale Municipal Court Presiding
Page 8 of 10
Judge, William "Bill" Lane and Associate Judge, Craig Magnuson, and re-appointing Erin
Bakker, as the alternative Associate Judge
Finance Director Krystal Crump stated that our current ordinance has expired. She added that
this will realign these appointments to be in alignment with the Mayor's term.
Motion To approve Ordinance 597 re-appointing Kennedale Municipal Court Judge and
Associate Judge. Action Approve, Moved By Kelly Turner, Seconded By Liz Carrington.
Motion passed Unanimously
E. Consider approval of an Ordinance 599 amending the city's schedule of administrative fees
Finance Director Krystal Crump stated that administrative fees include all fees set by the City,
excluding utility and impact fees. She noted that the 6 percent charge listed for Municipal Court
will be removed before adoption, because this is a fee charged by a third party. The chances
include a correction to the cost for finger printing, the addition of a plan review charge, a zoning
verification letter fee, a storm drain deposit, and the addition of fees for open record requests,
which is in accordance with State Law. She noted that there will be no charge for open records
sent electronically.
Motion To approve Ordinance 599 with the removal of the municipal court charge of 6 percent,
amending the city's administrative fees. Action Approve, Moved By Charles Overstreet,
Seconded By Michael Walker.
Motion passed Unanimously
F. Consider approval of Ordinance 600 deleting Section 16-117 of the City of Kennedale Code
to delete the payment compensation to members of the Youth Advisory Council (YAC)
City Manager Bob Hart stated the advisory boards that make recommendations on policy
perspective are the board that should be receiving compensation for service. The Youth
Advisory Council does not meet that definition.
Motion To approve Ordinance 600 deleting Section 16-117 of the City of Kennedale Code.
Action Approve, Moved By Frank Fernandez, Seconded By Michael Walker.
Motion passed Unanimously
XIV. EXECUTIVE SESSION
Mayor Johnson recessed into executive session at 6:16 p.m.
A. The City Council may meet in closed session at any time during the work session or the
regular session, pursuant to Section 551.071 of the Texas Government Code for consultation
with the City Attorney pertaining to any matter in which the duty of the City Attorney under the
Texas Disciplinary Rules of Professional Conduct may conflict with the Open Meetings Act,
including discussion on any item posted on the agenda.
B. The City Council will meet in closed session pursuant to Section 551.072 of the Texas
Government Code to deliberate the purchase, exchange, lease, or value of real property for the
following:
Page 9 of 10
1. 108 New Hope Road
2. 6727 Hudson Village Creek
XV. RECONVENE INTO OPEN SESSION, AND TAKE ACTION NECESSARY PURSUANT TO
EXECUTIVE SESSION, IF NEEDED
Mayor Johnson reconvened into open session at 6:59 p.m.
No action required.
XVI. ADJOURNMENT
Motion To Adjourn. Action Adjourn, Moved By Liz Carrington, Seconded By Kelly Turner.
Motion passed Unanimously
The meeting was adjourned at 9:22 p.m.
APPROVED: ATTEST:
Brian Johnson, Mayor Leslie Galloway, City Secretary
Page 10 of 10
KENNEDALE
You're Here,Your Home
www.cityofkennedale.com Staff Report to the Honorable Mayor and City Council
Date: July 18, 2016
Agenda Item No: REQUIRED APPROVAL ITEMS (CONSENT) - B.
I. Subject:
Consider approval of Resolution 488 authorizing continued participation with the Steering Committee and
authorize payment to Atmos Energy Corporation
II. Originated by:
III. Summary:
Most municipalities have retained original jurisdiction over gas utility rates and services within municipal
limits. The Atmos Cities Steering Committee ("ACSC") is composed of municipalities in the service area of
Atmos Energy Corporation, Mid-Tex Division regardless of whether original jurisdiction has been retained.
Atmos is a monopoly provider of natural gas. Because Atmos has no competitors, regulation of the rates
that it charges its customers is the only way that cities can ensure that natural gas rates are fair. Working
as a coalition to review the rates charged by Atmos allows cities to accomplish more collectively than
each city could do acting alone. Cities have more than 100 years experience in regulating natural gas
rates in Texas.
ACSC is the largest coalition of cities served by Atmos Mid-Tex. There are 165 ACSC member cities,
which represent more than 60 percent of the total load served by Atmos-Mid Tex. ACSC protects the
authority of municipalities over the monopoly natural gas provider and defends the interests of residential
and small commercial customers within the cities. Although many of the activities undertaken by ACSC
are connected to rate cases (and therefore expenses are reimbursed by the utility), ACSC also
undertakes additional activities on behalf of municipalities for which it needs funding support from its
members.
ACSC is actively involved in rate cases, appeals, rulemakings, and legislative efforts impacting the rates
charged by Atmos within the City. These activities will continue throughout the calendar year. It is
possible that additional efforts will be necessary on new issues that arise during the year, and it is
important that ACSC be able to fund its participation on behalf of its member cities. A per capita
assessment has historically been used, and is a fair method for the members to bear the burdens
associated with the benefits received from that membership.
IV. Fiscal Impact Summary:
V. Legal Impact:
VI. Recommendation:
Approve
VII.Alternative Actions:
VIII.Attachments:
1. Resolution 488 lResolution 488. df
405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817-985-2100 1 Fax: 817-478-7169
RESOLUTION NO.488
A RESOLUTION AUTHORIZING CONTINUED PARTICIPATION
WITH THE ATMOS CITIES STEERING COMMITTEE; AND
AUTHORIZING THE PAYMENT OF TWO AND ONE-HALF
CENTS PER CAPITA TO THE ATMOS CITIES STEERING
COMMITTEE TO FUND REGULATORY AND RELATED
ACTIVITIES RELATED TO ATMOS ENERGY CORPORATION
WHEREAS, the City of Kennedale is a regulatory authority under the Gas Utility
Regulatory Act (GURA) and has exclusive original jurisdiction over the
rates and services of Atmos Energy Corporation, Mid-Tex Division
(Atmos)within the municipal boundaries of the city; and
WHEREAS, the Atmos Cities Steering Committee (ACSC) has historically intervened
in Atmos rate proceedings and gas utility related rulemakings to protect
the interests of municipalities and gas customers residing within municipal
boundaries; and
WHEREAS, ACSC is participating in Railroad Commission dockets and projects, as
well as court proceedings and legislative activities, affecting gas utility
rates; and
WHEREAS, the City is a member of ACSC; and
WHEREAS, in order for ACSC to continue its participation in these activities which
affects the provision of gas utility service and the rates to be charged, it
must assess its members for such costs,
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF KENNEDALE,TEXAS:
I.
That the City is authorized to continue its membership with the Atmos Cities
Steering Committee to protect the interests of the City of Kennedale and protect the
interests of the customers of Atmos Energy Corporation, Mid-Tex Division residing and
conducting business within the City limits.
II.
The City is further authorized to pay its 2016 assessment to the ACSC in the
amount of two and one-half cents ($0.025)per capita.
7093159.1
III.
A copy of this Resolution and approved assessment fee payable to "Atmos Cities
Steering Committee"shall be sent to:
David Barber
Atmos Cities Steering Committee
c/o Arlington City Attorney's Office, Mail Stop 63-0300
101 S. Mesquite St., Suite 300
Arlington, Texas 76010
PRESENTED AND PASSED on this the 18th day of July, 2016, by a vote of
ayes and nays at a regular meeting of the City Council of the City of Kennedale,
Texas.
Brian Johnson,Mayor
ATTEST:
Leslie Galloway, City Secretary
APPROVED AS TO FORM:
Wayne Olson, City Attorney
2
KENNEDALE
You're Here,Your Home
www.cityofkennedale.com Staff Report to the Honorable Mayor and City Council
Date: July 18, 2016
Agenda Item No: DECISION ITEMS-A.
I. Subject:
Consider approval of Resolution 489 calling for a public hearing on August 15, 2016 on the amendment of
water, wastewater, and roadway impact fees
II. Originated by:
III. Summary:
The City Council will hold a public hearing in August on proposed changes to the city's schedule of impact
fees. By state law, the Council must approve a resolution calling for the public hearing before the public
hearing may be held. The attached resolution authorizes the public hearing to be held.
IV. Fiscal Impact Summary:
V. Legal Impact:
VI. Recommendation:
Approve
VII.Alternative Actions:
VIII.Attachments:
1. Resolution 489 lResolution 489. df
405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817-985-2100 1 Fax: 817-478-7169
RESOLUTION NO. 489
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
KENNEDALE, TEXAS ESTABLISHING A PUBLIC HEARING DATE TO
CONSIDER APPROVAL OF UPDATED LAND USE ASSUMPTIONS,
CAPITAL IMPROVEMENT PLANS AND IMPACT FEES FOR WATER,
WASTEWATER AND ROADWAYS; AND PROVIDING AN EFFECTIVE
DATE
WHEREAS, the City Council of Kennedale has authorized an impact fee study to
determine whether to adopt updated land use assumptions, capital improvements
plans, and impact fees for water, wastewater and roadways in accordance with Tex.
Loc. Gov't Code Chapter 395; and
WHEREAS, Chapter 395 requires the City Council to set a public hearing to
consider whether to adopt updated land use assumptions, capital improvements plans
and impact fees for water, wastewater and roadways;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF KENNEDALE, TEXAS:
SECTION 1.
That the above recitals are found to be true and correct and they are incorporated
herein as findings of the City Council for all purposes.
SECTION 2.
That a public hearing of the City Council shall be held on August 15, 2016 at 7:00
p.m. at City Hall 405 Municipal Drive, Kennedale Texas for the purpose of considering
amendments to the land use assumptions, capital improvements plans and impact
fees for water, wastewater and roadways.
SECTION 3.
That notice of the hearing shall be published in one or more newspapers of general
circulation in Tarrant County, before the 30th day before the date set for the hearing.
SECTION 4.
That this Resolution shall take effect immediately upon execution by the Mayor.
PASSED, AND APPROVED by the City Council of the City of Kennedale, Texas,
this the 18th day of July 2016.
APPROVED:
Mayor, Brian Johnson
ATTEST:
City Secretary, Leslie Galloway
KENNEDALE
You're Here,Your Home
www.cityofkennedale.com Staff Report to the Honorable Mayor and City Council
Date: July 18, 2016
Agenda Item No: DECISION ITEMS- B.
I. Subject:
Consider approval of Ordinance 602 adding Section 12-9 "Solicitation"to Chapter 12 of the City of
Kennedale Code
II. Originated by:
Tommy Williams, Police Chief
III. Summary:
With the new development of businesses on Kennedale Parkway at 1-20, we have seen an increase in the
number of homeless persons begging, or panhandling, patrons for money. Some have gone so far as to
park their car at gas pumps and walk the lot soliciting store customers for money until they get enough to
fill their gas tanks. We have also had instances of these same people stealing purses and wallets from
unsecured vehicles while the driver was present. They will remove property from the passenger side
window while the driver is preoccupied with filling the tank on the other side of the vehicle. This has
caused a number of people to express feelings of being unsafe while on the premises.
Staff is proposing a panhandling ordinance to prohibit this type of behavior as a means to increase safety
and reduce crime. With the new McDonald's being built, this traffic will likely continue to increase unless
we act proactively to discourage this type of activity. The proposed ordinance is attached.
IV. Fiscal Impact Summary:
V. Legal Impact:
VI. Recommendation:
Approve
VII.Alternative Actions:
VIII.Attachments:
1. Ordinance 602 10rdinance 602. df
405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817-985-2100 1 Fax: 817-478-7169
ORDINANCE NO. 602
AN ORDINANCE OF THE CITY OF KENNEDALE, TEXAS AMENDING
CHAPTER 12, "MISCELLANEOUS PROVISIONS AND OFFENSES" OF
THE CITY OF KENNEDALE CODE, AS AMENDED, BY ADDING A NEW
SECTION 12-9, "SOLICITATION;" DEFINING TERMS; ESTABLISHING
SOLICITATION-FREE ZONES; PROHIBITING OUTDOOR
SOLICITATIONS IN SOLICITATION-FREE ZONES; PROVIDING
EXCEPTIONS; PROVIDING THAT THIS ORDINANCE SHALL BE
CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING A SAVINGS
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;
WHEREAS, the City Council finds that solicitations conducted in outdoor areas of
high pedestrian traffic create a safety hazard and an increased potential for criminal
activity against persons using businesses, stores, shopping centers, restaurants, clubs,
performance halls, parking lots and other venues and facilities associated with retail or
entertainment, since those persons often have their attention distracted from their
surroundings, sometimes with cash conspicuously in their possessions, thereby making
them more vulnerable to and intimidated by solicitors; and
WHEREAS, solicitations conducted in outdoor areas of high pedestrian traffic
discourage persons from coming to the areas, thereby hindering the city's goal of
promoting tourism, pedestrian traffic, economic development, and residential
development; and
WHEREAS, the City Council finds that businesses, stores, shopping centers,
restaurants, clubs, performance halls, parking lots and other venues and facilities
associated with retail sales or entertainment in the City should be declared as
solicitation-free zones to encourage tourism, pedestrian traffic, economic development,
and residential development in those areas and to otherwise further public health,
safety, and welfare; and
WHEREAS, the City Council finds that regulations addressing all these concerns
are in the best interest of the health, safety and welfare of the citizens of Kennedale;
and
WHEREAS, it is the intent of the City Council to not infringe on any rights
protected by First and Fourteenth Amendments to the United States Constitution.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF KENNEDALE, TEXAS THAT:
SECTION 1.
The Kennedale City Code is hereby amended by adding a section, to be
numbered Section 12-9, "Solicitation" of Chapter 12 "Miscellaneous Provisions and
Offenses," which section reads as follows:
"Sec. 12-9. Solicitation.
(a) Definitions. In this section:
(1) Aggressive or intimidating manner means:
a. to approach or speak to a person in such a manner as would cause
a reasonable person to believe that the person is being threatened
with:
1. imminent bodily injury; or
2. the commission of a criminal act upon the person or another
person, or upon property in the person's immediate
possession; or
b. to persist in a solicitation after the person solicited has given a
negative response; or
C. blocking the path of a person who is the object of the activity; or
d. following behind, ahead, or alongside a person who walks away
from the solicitor after being solicited, approached, accosted or
offered a handbill, leaflet or any other item.
(2) Automated teller machine means a machine, other than a telephone:
a. that is capable of being operated by a customer of a financial
institution;
b. by which the customer may communicate to the financial institution
a request to withdraw a benefit for the customer or for another
person directly from the customer's account or from the customer's
account under a line of credit previously authorized by the financial
institution for the customer; and
C. the use of which may or may not involve personnel of a financial
institution.
(3) Exterior public pay telephone means any coin or credit card reader
telephone that is:
a. installed or located anywhere on a premises except exclusively in
the interior of a building located on the premises; and
b. accessible and available for use by member of the general public.
(4) Public transportation stop means an area officially marked and designated
as a place to wait for a bus, a light rail vehicle, or any other public
transportation vehicle that is operated on a scheduled route with
passengers paying fares on an individual basis.
(5) Self-service car wash means a structure:
a. at which a vehicle may be manually washed by its owner or
operator with equipment that is activated by the deposit of money in
a coin-operated machine or a station of vacuums used in the
cleaning a vehicle whether coin-operated or not; and
b. that is accessible and available for use by the general public.
(6) Self-service fuel pump means a fuel pump:
a. from which a vehicle may be manually filled with gasoline or other
fuel directly by its owner or operator, without the aid of an employee
or attendant of the premises at which the fuel pump is located; and
b. that is accessible and available for use by the general public.
(7) Solicitation means to ask, beg or plead, whether orally or in written or
printed manner or with an object for the purpose of receiving contributions,
alms, charity, or gifts of items of value for oneself or another person.
(8) Solicitation-free zone means any area or structure which provides any
service, retail sales, or entertainment for the general public and includes
any parking lot used for customer parking associated with those areas or
structures.
(9) Sunrise means the time of day published by the United States Naval
Observatory as the time for sunrise on a particular day in the city.
(10) Sunset means the time of day published by the United States Naval
Observatory as the time for sunset on a particular day in the city.
(b) Offenses.
(1) A person commits an offense if he conducts a solicitation in an aggressive
or intimidating manner.
(2) A person commits an offense if he conducts a solicitation in any outdoor
area in the city at any time after sunset and before sunrise on any day of
the week. It is a defense to prosecution under this subsection if the
solicitation:
a. consists exclusively of passive, nonverbal acts; or
b. was being conducted on the property with the advance written
permission of the owner, manager, or other person in control of the
property.
(3) A person commits an offense if he conducts a solicitation at any time
within a solicitation-free zone. It is an affirmative defense to prosecution
under this subsection if the solicitation was being conducted on property
with advanced written permission of the owner, manager, or other person
in control of the property.
(4) A person commits an offense if he conducts a solicitation of any person
within 50 feet of:
a. an automated teller machine;
b. an entrance or exit of a bank, credit union, or other similar financial
institution;
C. an exterior public pay phone;
d. a self-service car wash;
e. a self-service fuel pump;
f. a public transportation stop; or
g. an outdoor dining area of a fixed food establishment.
(5) A person commits an offense if he conducts a solicitation of any person
within 50 feet of:
a. playground equipment;
b. a concession stand; or
C. a public swimming pool.
(c) For the purpose of Subsections (b)(4) and (b)(5) measurement will be made in a
straight line, without regard to intervening objects or structures, from the nearest
point at which a solicitation is being conducted to whichever is applicable of the
following:
(1) the nearest entrance or exit of a facility in which an automated teller
machine is enclosed or, if the machine is not enclosed in a facility, to the
nearest part of the automated teller machine;
(2) the nearest entrance or exit of a bank, credit union, or other similar
financial institution;
(3) the nearest part of an exterior public pay phone;
(4) the nearest part of a structure of a self-service car wash;
(5) the nearest part of a self-service fuel pump;
(6) the nearest point of any sign or marking designating an area as a public
transportation stop;
(7) the nearest part of any table in an outdoor dining area or, if the outdoor
dining area is contained within an enclosure, the nearest part of that
pergola or patio;
(8) the nearest piece of playground equipment;
(9) the nearest part of a structure of a concession stand; or
(10) the nearest entrance or exit of a public swimming pool.
(d) In addition to any enforcement action by a peace officer for a violation of this
section, any person who is a victim of a solicitation prohibited under Subsection
(b), or who witnesses a violation of Subsection (b) may file a complaint with the
police department.
(e) An offense under this section is punishable by a fine not to exceed $500."
SECTION 2.
This ordinance shall be cumulative of all provisions of the City of Kennedale,
Texas, except where the provisions of this ordinance are in direct conflict with the
provisions of other ordinances, in which event the conflicting provisions of the other
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 a
phrase, clause, sentence, paragraph, or section of this ordinance shall be declared
unconstitutional by the valid judgment or decree of a court of competent jurisdiction,
such unconstitutionality shall not affect 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 the 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 Five Hundred Dollars ($500.00) for each offense. Each
day that a violation is permitted to exist shall constitute a separate offense.
SECTION 5.
All rights and remedies of the City of Kennedale are expressly saved as to any
and all violations of the provisions of Chapter 12 of the Code of Ordinances of the City
of Kennedale, as amended, or any other ordinance regarding the regulation of
solicitation that have accrued at the time of the effective date of this ordinance; and, as
to such accrued violations and all pending litigation, both civil and criminal, whether
pending in court or not, under such ordinances, same shall not be affected by this
ordinance but may be prosecuted until final disposition by the courts.
SECTION 6.
The City Secretary of the City of Kennedale is hereby directed to publish in the
official newspaper of the City of Kennedale, the caption, penalty clause, publication
clause and effective date clause of this Ordinance one (1) time within ten (10) days after
the first reading of this Ordinance as required by the Charter of the City of Kennedale.
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 ON THIS 18" DAY OF JULY, 2016.
Brian Johnson, Mayor
ATTEST:
Leslie Galloway, City Secretary
EFFECTIVE:
APPROVED AS TO FORM AND LEGALITY:
Wayne K. Olson, City Attorney
KENNEDALE
You're Here,Your Home
www.cityofkennedale.com Staff Report to the Honorable Mayor and City Council
Date: July 18, 2016
Agenda Item No: EXECUTIVE SESSION II -A.
I. Subject:
The City Council will meet in closed session pursuant to Section 551.074 of the Texas Government Code
to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a
public officer or employee.
1. City Manager's Annual Evaluation
II. Originated by:
III. Summary:
At this time the City Council will meet in executive session.
IV. Fiscal Impact Summary:
V. Legal Impact:
VI. Recommendation:
VII.Alternative Actions:
VIII.Attachments:
1. City Manager Annual Evaluation Form lCity Manager Evaluation.doc
2. 2016 Ends Statement with Sub-ends k016 Ends Statement. df
3. Governance Policies lGovernance Policies. df
405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817-985-2100 1 Fax: 817-478-7169
Manager Performance Evaluation'
INSTRUCTIONS
This evaluation form presents ten categories of evaluation criteria. Each category contains a
statement to describe a behavior standard in that category. For each statement, use the
following scale to indicate your rating of the manager's performance.
5 = Excellent (almost always exceeds the performance standard)
4 = Above average (generally exceeds the performance standard)
3 = Average (generally meets the performance standard)
2 = Below average (usually does not meet the performance standard)
1 = Poor (rarely meets the performance standard)
Any item left blank will be interpreted as a score of"3 = Average"
This evaluation form also contains a provision for entering narrative comments, including
responses to specific questions and any observations you believe appropriate and pertinent to
the rating period.
Please write legibly. Leave all pages of this evaluation form attached. Initial each page. Sign
and date the cover page. On the date space of the cover page, enter the date the evaluation
form was submitted. All evaluations presented prior to the deadline identified on the cover page
will be summarized into a performance evaluation to be presented by the elected body to the
manager as part of the agenda for the meeting indicated on the cover page.
PERFORMANCE CATEGORY SCORING
1. INDIVIDUAL CHARACTERISTICS
Diligent and thorough in the discharge of duties, "self-starter"
Exercises good judgment
Displays enthusiasm, cooperation, and willingness to adapt
Exhibits mental and physical stamina appropriate for the position
Exhibits composure, appearance, and attitude appropriate for executive position
Add the values from above and enter the subtotal = 5 = score for this category
2. PROFESSIONAL SKILLS AND STATUS
Maintains knowledge of current developments affecting the practice of local government
management
1 Adapted from City Manager Performance Evaluation, University of Tennessee Institute for Public
Service
Demonstrates a capacity for innovation and creativity
Anticipates and analyzes problems to develop effective approaches for solving them
Willing to try new ideas proposed by elected body members and/or staff
Sets a professional example by handling affairs of the public office in a fair and impartial
manner
Add the values from above and enter the subtotal = 5 = score for this category
3. RELATIONS WITH MEMBERS OF THE ELECTED BODY
Carries out directives of the body as a whole as opposed to those of any one member or
minority group
Sets meeting agendas that reflect the guidance of the elected body and avoids
unnecessary involvement in administrative actions
Disseminates complete and accurate information equally to all members in a timely
manner
Assists by facilitating decision making without usurping authority
Responds well to requests, advice, and constructive criticism
Add the values from above and enter the subtotal = 5 = score for this category
4. POLICY EXECUTION
Implements elected body actions in accordance with the intent of council
Supports the actions of the elected body, both inside and outside the organization, after a
decision has been reached
Understands, supports, and enforces local government's laws, policies, and ordinances
Reviews ordinance and policy procedures periodically to suggest improvements to their
effectiveness
Offers workable alternatives to the elected body for changes in law or policy when an
existing policy or ordinance is no longer practical
Add the values from above and enter the subtotal = 5 = score for this category
5. REPORTING
Provides regular information and reports to the elected body concerning matters of
importance to the local government, using the charter as guide
Responds in a timely manner to requests from the elected body for special reports
Takes the initiative to provide information, advice, and recommendations to the elected
body on matters that are non-routine and not administrative in nature
Produces reports that are accurate, comprehensive, concise, and written to their
intended audience
Produces and handles reports so as to convey the message that affairs of the
organization are open to public scrutiny
Add the values from above and enter the subtotal _ 5 = score for this category
6. CITIZEN RELATIONS
Is responsive to requests from citizens
Demonstrates a dedication to service to the community and its citizens
Maintains a nonpartisan approach in dealing with the news media
Meets with and listens to members of the community to discuss their concerns, and
strives to understand their interests
Makes an appropriate effort to maintain citizen satisfaction with services
Add the values from above and enter the subtotal = 5 = score for this category
7. STAFFING
Recruits and retains competent personnel for staff positions
Applies an appropriate level of supervision to improve any areas of substandard
performance
Stays accurately informed and appropriately concerned about employee relations
Manages the compensation and benefits plan professionally
Promotes training and development opportunities for employees at all levels of the
organization
Add the values from above and enter the subtotal _ 5 = score for this category
8. SUPERVISION
Encourages heads of departments to make decisions within their jurisdictions with
minimal manager involvement, yet maintains general control of operations by providing
the right amount of communication to the staff
Instills confidence and promotes initiative in subordinates through supportive rather than
restrictive controls for their programs while still monitoring operations at the department
level
Develops and maintains a friendly and informal relationship with the staff and workforce
in general, yet maintains the professional dignity of the manager's office
Sustains or improves staff performance by evaluating the performance of staff members
at least annually, setting goals and objectives for them, periodically assessing their
progress, and providing appropriate feedback
Encourages teamwork, innovation, and effective problem solving among the staff
members
Add the values from above and enter the subtotal _ 5 = score for this category
9. FISCAL MANAGEMENT
Prepares a balanced budget to provide services at a level directed by council
Makes the best possible use of available funds, conscious of the need to operate the
local government efficiently and effectively
Prepares a budget and budgetary recommendations in an intelligent and accessible
format
Ensures that actions and decisions reflect an appropriate level of responsibility for
financial planning and accountability
Monitors and manages fiscal activities of the organization appropriately
Add the values from above and enter the subtotal _ 5 = score for this category
10. COMMUNITY
Shares responsibility for addressing the difficult issues facing the community
Avoids unnecessary controversy
Cooperates with neighboring communities and the county
Helps the council address future needs and develop adequate plans to address long-
term trends
Cooperates with other regional, state, and federal government agencies
Add the values from above and enter the subtotal I= 5 = score for this category
NARRATIVE EVALUATION
What would you identify as the manager's strength(s), expressed in terms of the principal
results achieved during the rating period?
What performance area(s) would you identify as most critical for improvement?
What constructive suggestions or assistance can you offer the manager to enhance
performance?
What other comments do you have for the manager (e.g., priorities, expectations, goals, or
objectives for the new rating period)?
Ends Statement
Kennedale is a family-oriented community (1.0) providing a refuge (2.0)
from the hectic pace of the Dallas/Fort Worth Metroplex. Open spaces,
green belts, and trails enhance our serenity (3.0), quality of life (4.0) and
community (5.0). With easy access (6.0) from major roadways, Kennedale
is economically prosperous, business friendly and conveniently located,
providing opportunities to shop, work and play (7.0).
Sub-ends
1.0 Residents are engaged in community, civic activities, & events.
1.1 Kennedale TownCenter is a community gathering point for events and
retail services
1.2 Residents proactively receive accurate, timely dissemination of general
information and emerging issues
1.3 Services are in place to support families
1.4 Kennedale is promoted locally, regionally, and nationally as desirable for
home and work
1.5 Well planned community following sustainable principles
1.5.1 Kennedale has excellent neighborhoods and a wide range of home
options
1.5.2 Residents have views of natural landscapes
1.5.3 Residents have access to adequate medical care, healthy foods,
and opportunities to incorporate physical activity as part of their
daily routines
1.5.4 Residents enjoy community based activities
1.6 Business uses are compatible with residential areas
1.7 Kennedale has excellent educational services
1.7.1 The public library serves the community as a central hub for
information. The library connects patrons with their community
through innovative programs, gathering spaces and services to
enrich lives
1.7.2 KISD is an exemplary school system
1.7.3 Fellowship Academy is a highly regarded private school within a
Christian atmosphere
1.7.4 Home-school opportunities and networks are available
2.0 Kennedale entry points are pastoral and serene
2.1 The north entry point is defined by Village Creek as a natural open space
2.2 Kennedale Parkway is physically attractive
2.2.1 Annexation activity
2.3 Sidewalks and landscaping are integral to the community
2.4 Trees and natural spaces are preserved
3.0 Kennedale has an outstanding parks system that includes
neighborhood parks, a comprehensive linear park system, and
recreational facilities located throughout town.
3.1 Hike and bike trails run throughout Kennedale and are connected to the
regional trail system
4.0 Kennedale residents receive excellent municipal services with a
staff that is proactive and responsive to residents needs
4.1 The Kennedale municipal government is well governed
4.2 Residents and stakeholders feel safe at home and at work in Kennedale.
4.2.1 Fire and EMS, police, and animal control services are provided
promptly and skillfully
4.2.2 Residents enjoy a safe environment free from the threat of
natural, technological, or man made threats
4.3 Fiscal Resources are managed productively, responsibly, and ethically.
4.4 Kennedale has a quality water, sewer, stormwater drainage, and solid
waste utility system
4.5 Residents and visitors receive fair treatment through the municipal court
system
4.6 Buildings are constructed and maintained in compliance with national
codes
4.7 Kennedale city government is financially responsible and sustainable
4.8 City staff maintains cooperative and collaborative working relationships
based on an Integrative work culture consistent with the core values of
integrity, accountability, teamwork, innovation, and commitment
4.8.2 Intergovernmental relationships
5.0 Kennedale is a well planned community based on principles of a
connected city, economic prosperity, and a thriving community
6.0 Kennedale is a connected city with a multi-modal transportation
system designed and maintained to reduce auto congestion,
increase accessibility, and accommodate pedestrians and
cyclists safely and comfortably.
7.0 Kennedale is economically prosperous with an excellent
business climate to support light industrial, employment
centers, and distribution facilities which are compatible with the
Kennedale vision.
SECTION I: EXECUTIVE LIMITATIONS
(I-A) GLOBAL EXECUTIVE CONSTRAINT
The City Manager shall not cause or allow any organizational practice, activity, decision, or
circumstance that is either unlawful, imprudent, or in violation of commonly accepted business and
professional ethics.
(I-B) TREATMENT OF CUSTOMERS OF CITY SERVICES
With respect to interactions with customers, the City Manager shall not cause or allow conditions,
procedures, or decisions that are unsafe, untimely, undignified, or unnecessarily intrusive.
The City Manager will not
1. Elicit information for which there is no clear necessity.
2. Use methods of collecting, reviewing, transmitting, or storing customer information that fail to
protect against improper access to the material.
3. Operate facilities without appropriate accessibility and privacy.
4. Operate without establishing with customers a clear understanding of what may be expected and
what may not be expected from the service offered.
5. Operate without informing customers of this policy or providing a way to be heard for persons
who believe that they have not been accorded a reasonable interpretation of their rights under this
policy.
(I-C) TREATMENT OF STAFF
With respect to the treatment of paid and volunteer staff, the City Manager shall not cause or allow
conditions that are unfair, undignified, disorganized, or unclear.
The City Manager will not
1. Operate without written personnel rules that (a) clarify rules for staff, (b) provide for effective
handling of grievances, and(c)protect against wrongful conditions, such as nepotism and grossly
preferential treatment for personal reasons.
2. Retaliate against any staff member for nondisruptive expression of dissent.
3. Allow staff to be unaware of City Manager's interpretations of their protections under this policy.
4. Allow staff to be unprepared to deal with emergency situations.
City ofKennedale: Governance Policies Page 1 of 16
iWL SECTION I: EXECUTIVE LIMITATIONS
(I-D) FINANCIAL PLANNINGBUDGETING
The City Manager shall not cause or allow financial planning for any fiscal year or the remaining part of
any fiscal year that deviates materially from Council Ends priorities, risks financial jeopardy, or is not
derived from a multiyear plan.
The City Manager will not allow budgeting which:
1. Risks incurring those situations or conditions described as unacceptable in the Executive
Limitations policy entitled"Financial Condition and Activities."
2. Omit credible projection of revenues and expenses, separation of capital and operational items,
cash flow analysis, and disclosure of planning assumptions.
3. Provide less than the amount determined annually by the Council for the Council's direct use
during the year.
(I-E) FINANCIAL CONDITION AND ACTIVITIES
With respect to the actual, ongoing financial condition and activities, the City Manager may not cause or
allow the development of fiscal jeopardy or a material deviation of actual expenditures from Council
priorities established in Ends policies.
The City Manager will not
1. Expend more funds than have been received in the fiscal year to date unless the Council's debt
guideline is met.
2. Incur debt in an amount greater than can be repaid by certain and otherwise unencumbered
revenue with 60 days.
3. Use any long-term reserves.
4. Conduct inter-fund shifting in amounts greater than can be restored to a condition of discrete fund
balance within 30 days.
5. Allow payables or receivables not to be settled within a reasonable time frame.
6. Allow tax payments or other government-ordered payments or filings to be overdue or
inaccurately filed.
7. Make a single purchase or commitment of greater than $50,000. Splitting orders to avoid this
limit is not acceptable.
8. Acquire,encumber or dispose of real estate.
9. Issue expense checks to himself or herself without the signature of a Council-approved signatory
who has been provided with appropriate documentation and receipts.
City ofKennedale: Governance Policies Page 2 of 16
SECTION I: EXECUTIVE LIMITATIONS
(I-F) ASSET PROTECTION
The City Manager may not allow the City's assets to be unprotected, inadequately maintained, or
unnecessarily risked.
The City Manager will not
1. Insure the organization's assets for less than one hundred percent of replacement value against
theft, fire and casualty losses or insure against liability losses to Council members, staff,
volunteers and the organization itself for less than the average for comparable organizations.
2. Allow personnel access to material amounts of funds.
3. Subject facilities and equipment to improper wear and tear or insufficient maintenance.
4. Unnecessarily expose the organization,its Council,or staff to claims of liability.
5. Receive, process or disburse funds under controls that are insufficient to meet the Council-
appointed auditor's standards.
6. Make any purchase: (a) wherein normally prudent protection has not been given against conflict
of interest; (b) of more than $3,000 without having obtained comparative process and quality; (c)
of more than $10,000 without a stringent method of assuring the balance of long-term quality and
cost. Orders shall not be split to avoid these criteria.
7. Allow property,information and files to be unprotected from loss or significant damage.
8. Invest or hold operating capital in insecure instruments, including uninsured checking accounts
and bonds of less than an acceptable rating, or in non-interest bearing accounts except where
necessary to facilitate ease in operational transactions.
(I-G) EMERGENCY CITY MANAGER SUCCESSION
In order to protect the Council from sudden loss of the City Manager Services, the City Manager shall not
permit there to be less than one other person familiar enough with Council and City Manager issues and
procedures to be able to maintain organization services.
City ofKennedale: Governance Policies Page 3 of 16
SECTION I: EXECUTIVE LIMITATIONS
(I-H) COMPENSATION AND BENEFITS
With respect to employment, compensation, and benefits to employees, consultants, contract workers and
volunteers, the City Manager shall not cause or allow jeopardy to fiscal integrity or public image.
The City Manager will not
1. Change the City Manager's own compensation and benefits, except as those benefits are
consistent with a package for all other employees.
2. Promise or imply permanent or guaranteed employment.
3. Establish current compensation and benefits that deviate materially from the geographic or
professional market for the skills employed.
4. Create obligations over a longer term than revenues can be safely projected.
5. Establish or change pension benefits so as to cause unpredictable or inequitable situations,
including those that:
a) Incur unfunded liabilities,
b) Provides less than some basic level of benefits to all full-time employees, though differential
benefits to encourage longevity are not prohibited,
c) Allow any employee to lose benefits already accrued from any foregoing plan, and
d) Treat the City Manager differently from other key employees.
(I-I) COMMUNICATION AND SUPPORT TO THE CITY COUNCIL
The City Manager shall not cause or allow the city council to be uniformed or unsupported in its work.
The City Manager will not
1. Neglect to submit monitoring data required by the Council according to its policy "Monitoring
CM Performance" in a timely, accurate, and understandable fashion, directly addressing
provisions of Council policies being monitored, and including City Manager interpretations
consistent with the "Delegations to the City Manager"policy,as well as relevant data.
2. Let the Council be unaware of any significant incidental information it requires including
anticipated adverse media coverage, threatened or pending lawsuits, and material internal and
external changes.
City ofKennedale: Governance Policies Page 4 of 16
SECTION I: EXECUTIVE LIMITATIONS
3. Allow the Council to be unaware that, in the City Manager's opinion, the Council is not in
compliance with its own policies on Governance Process and Council-Management Delegation,
particularly in the case of Council behavior which is detrimental to the work relationship between
the Council and the City Manager.
4. Allow the Council to be without decision information required periodically by the council or let
the council be unaware of relevant trends.
5. Present information in unnecessarily complex or lengthy form or in a form that fails to
differentiate among information of three types: monitoring,decision preparation, and other.
6. Allow the Council to be without a workable mechanism for Council, officer, or committee
communications.
7. Deal with the Council in a way that favors or privileges certain Council members over others,
except when (a) fulfilling individual requests for information or (b) responding to officers or
committees duly charged by the board.
8. Allow the Council to be unaware of any actual or anticipated noncompliance with any Ends or
Executive Limitations policy of the Council regardless of the Council's monitoring schedule.
9. Endanger the city's public image, credibility,or its ability to accomplish Ends.
City ofKennedale: Governance Policies Page 5 of 16
SECTION II: THE GOVERNANCE PROCESS
(II-A) GLOBAL GOVERNANCE PROCESS
The purpose of the City Council, on behalf of the residents of Kennedale, is to see to it that the City of
Kennedale (a) achieves appropriate results for appropriate persons at an appropriate cost (as specified
in council Ends policies), and (b) avoids unacceptable actions and situations as prohibited in Council
Executive Limitations policies.
(II-B) GOVERNING STYLE
The City Council will govern lawfully, observing the principles of the Policy Governance model, with an
emphasis on (a) outward vision rather than an internal preoccupation, (b) encouragement of diversity in
viewpoints, (c) strategic leadership more than administrative detail, (d) clear distinction of Council and
city manager roles, (e) collective rather than individual decisions, 69 future rather than past or present,
and(g)proactivity rather than reactivity.
Accordingly,
1. The Council will cultivate a sense of group responsibility. The council, not the staff, will be
responsible for excellence in governing. The Council will normally be the initiator of policy,
rather than reacting to staff's proposals. The Council will not use the expertise of individual
members to substitute for the judgment of the Council, although the expertise of individual
members may be used to enhance the understanding of the Council as a body.
2. The Council will direct, control, and inspire the organization through the careful establishment of
broadly written policies reflecting the Council's values and perspectives. The Council's major
policy focus will be on the intended long-term external impacts of the organization.
3. The Council will enforce upon itself whatever discipline is needed to govern with excellence.
Discipline will apply to matters such as attendance, preparation for meetings, policy-making
principles, respect of roles, and ensuring the continuance of governance capability. Although the
council can change its governance process policies at any time, it will scrupulously observe those
currently in force.
4. Continual Council development will include orientation of new members in the Council's
governance process and periodic Council discussion of process improvement. The Council will
provide mechanisms for educating others about their governance process.
5. The Council will monitor and discuss the Council's strategic (rather than administrative) process
and performance at each meeting. Self-monitoring will include comparison of Council activity
and discipline to policies in the Governance Process and Council-Management Delegation
categories.
6. The Council will allow no officer, individual or committee of the Council to hinder or be an
excuse for not fulfilling group obligations.
City ofKennedale: Governance Policies Page 6 of 16
SECTION IL• THE GOVERNANCE PROCESS
(II-C) COUNCIL JOB DESCRIPTION
Specific job outputs of the City Council, as an informed agent of the ownership, are those that ensure
appropriate organizational performance.
Accordingly,the Council will provide
1. The linkage between the ownership and the operational organization.
2. Written governing policies that realistically address the broadest levels of organizational
decisions and situations.
a. Ends: Organizational impacts, benefits, outcomes, recipients, beneficiaries, impacted
groups, and their relative cost or priority.
b. Executive Limitations: Constraints on executive authority that establish the prudence and
ethical boundaries within which all executive activity and decisions must take place.
C. Governance Process: Specification of how the Council conceives, carries out, and monitors
its own tasks.
d. Council-Management Delegation: How power is delegated and its proper use monitored; the
City Manager's role, authority, and accountability.
3. Assurance of successful organizational performance on Ends and Executive Limitations.
(II-D) COUNCIL MEMBERS' CODE OF CONDUCT
The Council commits itself and its members to ethical,businesslike and lawful conduct, including proper
use of authority and appropriate decorum when acting as Council members.
1. Members must have loyalty to the resident's ownership, un-conflicted by loyalties to staff, other
organizations,and any personal interest as a consumer.
2. Members must avoid appearance of impropriety conflict of interest with respect to their fiduciary
responsibility.
a. There must be no self-dealing or business by a member with the organization. Members will
annually disclose their involvements with other organizations, with vendors, or any
associations that might be or might reasonably be seen as being a conflict.
b. When the Council is to decide upon an issue about which Council member has an
unavoidable conflict of interest, that member shall withdraw without comment not only from
the vote,but also from the deliberation.
c. Council members will not use their positions to obtain employment in the organization for
themselves, family members or close associates. A Council member who applies for
employment must wait two years following their service on the Council.
City ofKennedale: Governance Policies Page 7 of 16
SECTION II: THE GOVERNANCE PROCESS
3. Council members may not attempt to exercise individual authority over the organization.
a. Members' interaction with the City Manager or with staff must recognize the lack of
authority vested in individuals except when explicitly Council authorized.
b. Members' interaction with public, press or other entities must recognize the same limitation
and the inability of any Council member to speak for the Council except explicitly stated
Council decisions.
c. Except for participation in Council deliberation about whether the City Manager has achieved
any reasonable interpretation of Council policy, members will not express individual
judgments of performance of employees of the City Manager.
4. Members will respect the confidentiality appropriate to issues of a sensitive nature.
5. Members will be properly prepared for Council deliberation.
6. Members will support the legitimacy and authority of the final determination of the Council on
any matter,irrespective of the members' personal position on the issue.
(II-E) CITY COUNCIL ENGAGEMENT
Based upon the necessity of regional, statewide and national involvement the council shall
engage/participate in external organizations and activities which promote the ends of the City.
Accordingly,
1. The Mayor shall at minimum,participate in the following activities: Mayor's Council, SETTP
2. The Mayor Pro-Tem shall at a minimum,participate in the following activities:
a. Mayor's Council and SETTP in place of Mayor when not available, NLC policy
committee or council,TRTC
3. Councilmember's based upon availability shall participate in regional and national activities such
as NLC, TML Regional meetings, TRTC, TML legislative policies, State legislative activities,
NCTCOG, City Chamber Luncheon,Fort Worth Builders Association,North Texas Commission,
Vision North Texas,Tex 21.
City ofKennedale: Governance Policies Page 8 of 16
SECTION IL• THE GOVERNANCE PROCESS
(II-F) ANNUAL PLANNING
To accomplish its job with a governance style consistent with Council policies, the Council will follow an
annual agenda that (a) Completes a re-exploration of Ends policies annually (b) Continually improves
Council performance through Council education and enriched input and deliberation.
1. The cycle will conclude each year no later than the last day of May so that administrative
planning and budgeting can be based on accomplishing a one-year segment of the most recent
statement of long-term Ends.
2. The cycle will start with the Council's development of its agenda for the next full year.
a. Consultations with selected groups in the ownership or other methods of gaining ownership
input will be determined and arranged in the first quarter,to be held during the balance of the
year.
b. Governance education and education related to Ends determination (e.g. presentations by
industry experts, advocacy groups, staff and so on)will be arranged in the third quarter,to be
held during the balance of the year.
c. Upon the request of two Council members, a request for an item for Council discussion may
be submitted to the Mayor no later than ten days before the council meeting.
3. Throughout the year,the Council will attend to consent agenda items as expeditiously as possible.
4. City Manager compensation and evaluation will be decided during the month of March after a
review of monitoring reports received in the previous year.
5. City Manager monitoring will be on the agenda based upon reports received since the previous
meeting, or if plans must be made for direct inspection monitoring, or if arrangements for third-
party monitoring must be prepared.
(II-G) MAYOR'S ROLE
The Mayor, a specially empowered member of the City Council, assures the integrity of the Council's
process and, secondarily, represents the Council to outside parties.
1. The assigned result of the Mayor's job is that the Council behaves consistently with its own rules
and those legitimately imposed upon it from outside the organization.
a. Meeting discussion content will be only those issues which,according to board policy, clearly
belong to the Council to decide or to monitor.
b. Deliberation will be fair, open, and thorough, but also timely, orderly, and kept to the point.
City of Kennedale: Governance Policies Page 9 of 16
SECTION IL• THE GOVERNANCE PROCESS
c. Information that is for neither monitoring performance nor Council decisions will be avoided
or minimized and always noted as such.
2. The authority of the Mayor consists of making decisions that fall within the topics covered by
Council policies on Governance Process and Council-Management Delegation with the exception
of (a) Employment or termination of the City Manager and (b)Where the Council specifically
delegates portions of this authority to others. The Mayor is authorized to use any reasonable
interpretation of the provisions in these policies.
a. The Mayor is empowered to chair Council meetings with all the commonly accepted power
of that position(e.g.ruling,recognizing).
3. The Mayor has no authority to make decisions about policies created by the Council within Ends
and Executive Limitations policy areas. Therefore, the Mayor has no authority to supervise or
unilaterally direct the City Manager.
a. The Mayor may represent the Council to outside parties in announcing Council-stated
positions and in stating Mayoral decisions and interpretations within the areas delegated to
him or her. It is expected that this latter authority would be exercised sparingly and only in
such times as the Council cannot timely deliberate the issue and is subject ultimately to
Council review.
b. The Mayor may delegate this authority but will remain accountable for its use.
(II-H) COUNCIL COMMITTEE PRINCIPLES
Council committees, when used, will be assigned to help the Council do its job, to reinforce the wholeness
of the Council's job and so as never to interfere with delegation from Council to City Manager.
I. Council committees are to help the Council do its job,not to help or advise the staff. Committees
ordinarily will assist the Council by preparing policy alternatives and implications for Council
deliberation. In keeping with the Council's broader focus, Council committees will normally not
have direct dealings with current staff operations.
2. Council committees may not speak or act for the Council except when formally given such
authority for specific and time-limited purposes. Expectations and authority will be carefully
stated in order not to conflict with authority delegated to the City Manager.
3. Council committees cannot exercise authority over staff. The City Manager works for the full
Council, and will therefore not be required to obtain approval of a Council committee before an
executive action.
4. Committees will be used sparingly and ordinarily in an ad-hoc capacity.
City ofKennedale: Governance Policies Page 10 of 16
SECTION IL• THE GOVERNANCE PROCESS
5. This policy applies to any group that is formed by Council action whether or not it is called a
committee and regardless of whether the group includes Council members. It does not apply to
committees formed under the authority of the City Manager.
(II-I) COST OF GOVERNANCE
The Council will invest in its governance capacity.
1. Council skills,methods, and supports will be sufficient to ensure governing with excellence.
a. Training and retraining will be used liberally to orient new Council members and candidates
for Council membership, as well as to maintain and increase existing Council member skills
and understandings.
b. Outside monitoring assistance will be arranged so that the Council can exercise confident
control over organizational performance.This includes,but is not limited to,financial audit.
C. Outreach mechanisms will be used as needed to ensure the Council's ability to listen to
owner viewpoints and values.
2. Costs will be prudently incurred, though not at the expense of endangering the development and
maintenance of superior capability.
3. The Council will establish its cost of governance budget for the next fiscal year during the month
of August.
City of Kennedale: Governance Policies Page 11 of 16
SECTION III: COUNCIL-MANAGEMENT DELEGATION
(III-A) GLOBAL BOARD-MANAGEMENT DELEGATION
The Council's sole official connection to the operational organization, its achievements, and conduct will
be through a chief executive officer, titled the City Manager.
(III-B) UNITY OF CONTROL
Only officially passed motions of the Council are binding on the City Manager.
1. Decisions or instructions of individual Council members, officers, or committees are not binding
on the City Manager except in rare instances when the Council has specifically authorized such
exercise of authority.
2. In the case of Council members or committees requesting information or assistance without
Council authorization, the City Manager can refuse such requests that require, in the City
Manager's opinion, a material amount of staff time or funds,or are disruptive.
(III-C) ACCOUNTABILITY OF THE CITY MANAGER
The City Manager is the Council's only link to operational achievements and conduct, so that all
authority and accountability of staff, as far as the Council is concerned, is considered the authority and
accountability of the City Manager.
1. The board will never give instructions to persons who report directly or indirectly to the City
Manager.
2. The Council will not evaluate, either formally or informally, any staff other than the City
Manager or other direct Council Appointees.
3. The Council will view City Manager performance as identical to organizational performance, so
that organizational accomplishment of Council-stated Ends and avoidance of Council-proscribed
means will be viewed as successful City Manager performance.
(III-D) DELEGATION TO THE CITY MANAGER
The Council will instruct the City Manager through written policies that prescribe the organizational
Ends to be achieved, and describe organizational situations and actions to be avoided, allowing the City
Manager to use any reasonable interpretation of these policies.
1. The Council will develop policies instructing the City Manager to achieve specified results, for
specified recipients, at a specified cost. These policies will be developed systematically from the
broadest, most general level to more defined levels, and will be called Ends policies. All issues
that are not ends issues as defined here are means issues.
City of Kennedale: Governance Policies Page 12 of 16
SECTION III: COUNCIL-MANAGEMENT DELEGATION
2. The Council will develop policies that limit the latitude the City Manager may exercise in
choosing the organizational means. These limiting policies will describe those practices,
activities, decisions, and circumstances that would be unacceptable to the board even if they were
to be effective. Policies will be developed systematically from the broadest,most general level to
more defined levels, and they will be called Executive Limitations policies. The Council will
never prescribe organizational means delegated to the City Manager.
3. As long as the City Manager uses any reasonable interpretation of the Council's Ends and
Executive Limitations policies, the City Manager is authorized to establish all further policies,
make all decisions, take all actions, establish all practices, and develop all activities. Such
decisions of the City Manager shall have full force and authority as if decided by the Council.
4. The Council may change its Ends and Executive Limitations policies, thereby shifting the
boundary between Council and City Manager domains. By doing so, the Council changes the
latitude of choice given to the City Manager. But so long as any particular delegation policy is in
place,the Council and its members will respect and support the City Manager's choices.
(III-E) MONITORING EXECUTIVE PERFORMANCE
Systematic and rigorous monitoring of City Manager job performance will be solely against the only
expected City Manager job products: organizational accomplishment of Council policies on Ends and
organizational operation within the boundaries established in Council policies on Executive Limitations.
1. Monitoring is simply to determine the degree to which Council policies are being met.
Information that does not do this will not be considered to be monitoring data.
2. The Council will acquire monitoring information by one or more of three methods:
a. By INTERNAL REPORT: in which the City Manager discloses interpretations and
compliance information to the Council.
b. By EXTERNAL REPORT: in which an external, disinterested third parry selected by the
Council assesses compliance with Council policies.
c. By DIRECT COUNCIL INSPECTION: in which a designated Council member or members
of the Council assess compliance with the City Manager's interpretation of the appropriate
policy criteria.
3. In every case, the Council will judge (a) the reasonableness of the City Manager's interpretation
and(b)whether data demonstrate accomplishment of the interpretation.
4. The standard for compliance shall be any reasonable City Manager interpretation of the Council
policy being monitored. The Council is final arbiter of reasonableness,but will always judge with
a"reasonable person" test rather than with interpretations favored by Council members or by the
Council as a whole.
SECTION III: COUNCIL-MANAGEMENT DELEGATION
City of Kennedale: Governance Policies Page 13 of 16
5. All policies that instruct the City Manager will be monitored at a frequency and by a method
chosen by the Council. The Council can monitor any policy at any time by any method, but will
ordinarily depend on a routine schedule as follows:
Policy Method Frequency Month
Global Executive Constraint Internal Annually March
Emergency City Manager Internal Annually March
Succession
Treatment of Customers Internal Annually May
Treatment of Staff Internal Annually May
Internal
Ends Balanced Scorecard Quarterly&Annually May
reporting
Communication and Support Direct Annually June
Inspection
Financial Planning/Budgeting Internal Quarterly June -August
Compensation and Benefits Internal Annually June -August
External
Asset Protection Internal Annually August
Financial Condition and Internal(Budget) Annually August
Activities
External(Audit) Annually March
ATTACHMENT (A): CATEGORIZED BOARD POLICIES
City ofKennedale: Governance Policies Page 14 of 16
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City ofKennedale: Governance Policies Page 15 of 16
ATTACHMENT (B): DOCUMENT UPDATE HISTORY
Date of Last Pages
Update Updated
Description
05.19.2014 All Document restructure,policy numbers added,table of contents
added,page numbers added
City ofKennedale: Governance Policies Page 16 of 16