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2018_01.12 CC Packet )c KENNEDALE You're Here,Your Home www.cityofl<ennedale.com KENNEDALE CITY COUNCIL AGENDA REGULAR MEETING I January 12, 2018 CITY HALL COUNCIL CHAMBERS, 405 MUNICIPAL DRIVE WORK SESSION at 5:30 PM I REGULAR SESSION at 7:00 PM I. CALL TO ORDER NOTE:Pursuant to&551.071, Texas Government Code, City Council reserves the right to adiourn into Executive Session at any time during the Work Session or the Regular Session to discuss posted Executive Session items or to seek legal advice from the City Attorney on any item posted on the agenda. II. WORK SESSION A. Discussion of items on regular agenda B. Discussion of potential board appointments to fill vacancies III. REGULAR SESSION IV. ROLL CALL V. INVOCATION VI. UNITED STATES PLEDGE AND TEXAS PLEDGE "Honor the Texas Flag;I Pledge Allegiance to Thee, Texas, One State under God; One and Indivisible." VII. VISITOR/CITIZENS FORUM At this time, any person with business before the City Council not scheduled on the agenda may address the Council, provided that an official`Speaker's Request Form'has been completed and submitted to the City Secretary prior to the start of the meeting. All comments must be directed towards the Mayor and Council, rather than individual Councilmembers or staff.All speakers must limit their comments to the subject matter as listed on the `Speaker's Request Form.'No formal action or discussion can be taken on these items. VIII. REPORTS/ANNOUNCEMENTS In addition to specific matters listed below, City Council may receive reports about items of community interest, including but not limited to recognition of individual officials, citizens, or departments, information regarding holiday schedules, and upcoming or attended events. A. Updates from the City Council B. Updates from the City Manager C. Updates from the Mayor IX. MONITORING INFORMATION A. Monthly Financials — December 2017 X. INCIDENTAL ITEMS XI. REQUIRED APPROVAL ITEMS (CONSENT) All matters listed under Required Approval Items(Consent)have been previously discussed, require little or no deliberation, or are considered to be routine by the City Council. If discussion is desired, an item can be removed from the Consent Agenda and considered separately. A. Consider approval of minutes from December 18, 2017 regular meeting 405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817-985-2100 1 Fax: 817-478-7169 XII. DECISION ITEMS A. Certification by City Secretary of Citizens Petitions for recall under Article XI of the City Charter; and Consideration and/or action regarding Citizens Petitions for recall under Article XI of the City Charter B. Consider approval of Resolution 516, calling a Special Election for May 5, 2018, pursuant to Article XI of the City Charter C. Determination of violation of express prohibition of City Charter/Forfeiture of Office for Councilmember Sandra Lee, pursuant to Section 3.06 of the City Charter D. Determination of Excused Absences/Forfeiture of Office for Councilmember Liz Carrington, pursuant to Section 3.06 of the City Charter XIII. EXECUTIVE SESSION The City Council may meet in closed session at any time during the work session or the regular session, pursuant to Section 551.071 of the Texas Government Code for consultation with the City Attorney pertaining to any matter in which the duty of the City Attorney under the Texas Disciplinary Rules of Professional Conduct may conflict with the Open Meetings Act, including discussion on any item posted on the agenda, public official liability insurance, legal issues regarding the Open Meetings Act, interpretation of City Charter requirements regarding forfeiture of office, and the following litigation: A. Ray v. Johnson, et al; Civil Action No. 4:17-CV-1 006-Y XIV. RECONVENE INTO OPEN SESSION, AND TAKE ACTION NECESSARY PURSUANT TO EXECUTIVE SESSION, IF NEEDED XV. ADJOURNMENT In compliance with the Americans with Disabilities Act, the City of Kennedale will provide for reasonable accommodations for persons attending City Council meetings. This building is wheelchair accessible, and parking spaces for disabled citizens are available. Requests for sign interpreter services must be made forty-eight(48)hours prior to the meetings. Please contact the City Secretary at 817.985.2104 or(TDD) 1.800.735.2989. CERTIFICATION I certify that a copy of the January 12, 2018, 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, Cit ecretary KENNEDALE You're Here,Your Home www.cityofkennedale.com Staff Report to the Honorable Mayor and City Council Date: January 12, 2018 Agenda Item No: WORK SESSION -A. I. Subject: Discussion of items on regular agenda II. Originated by: Leslie Galloway, City Secretary &Communications Coordinator III. Summary: At this time, Council may choose to discuss any item on the 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: January 12, 2018 Agenda Item No: WORK SESSION - B. I. Subject: Discussion of potential board appointments to fill vacancies II. Originated by: III. Summary: At this time, Council may discuss potential appointments to fill advisory board vacancies. 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: January 12, 2018 Agenda Item No: REPORTS/ANNOUNCEMENTS -A. I. Subject: Updates from the City Council II. Originated by: III. Summary: Updates and information from City Council Members, 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: January 12, 2018 Agenda Item No: REPORTS/ANNOUNCEMENTS - B. I. Subject: Updates from the City Manager II. Originated by: III. Summary: Updates and information from City Manager George Campbell, if any. IV. Fiscal Impact Summary: V. Legal Impact: VI. Recommendation: VII.Alternative Actions: VIII.Attachments: 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: January 12, 2018 Agenda Item No: REPORTS/ANNOUNCEMENTS - C. I. Subject: Updates from the Mayor II. Originated by: III. Summary: Updates and information from Mayor Brian Johnson, if any. IV. Fiscal Impact Summary: V. Legal Impact: VI. Recommendation: VII.Alternative Actions: VIII.Attachments: 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: January 12, 2018 Agenda Item No: MONITORING INFORMATION -A. I. Subject: Monthly Financials— December 2017 II. Originated by: Brady Olsen, Finance Director III. Summary: Overview of the City's revenues and 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. December Financials 017_12 Monthly Financials. df 405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817-985-2100 1 Fax: 817-478-7169 CITY OF KENNEDALE ANNUAL PROGRAM OF SERVICES DECEMBER 2017 REVENUE SUMMARY BY FUND FY16-17 FY16-17 CURRENT FY17-18 %OFPYACTUAL %OFCYBUDGET BUDGET REVENUES YTD ACTUAL MONTH YTD EARNED EARNED REMAINING GENERAL FUND $ 2,418,900 $ 5,998,856 $ 6,386,639 $ 2,163,078 $ 2,805,685 40.3% 43.9% $ 3,395,770 OTHER GENERAL FUNDS $ 214,166 $ 1,001,006 $ 973,127 $ 118,542 $ 142,415 21.4% 14.6% $ 1,502,750 GENERAL FUND $ 2,633,066 $ 6,999,862 $ 7,359,766 $ 2,281,620 $ 2,948,100 37.6% 40.1% $ 4,898,520 GENERAL DEBT SERVICE FUND $ 698,914 $ 1,282,439 $ 1,665,934 $ 684,715 $ 879,900 54.5% 52.8% $ 490,412 WATER/SEWERFUND $ 1,068,028 $ 4,575,237 $ 4,479,449 $ 664,172 $ 1,079,206 23.3% 24.1% $ 3,912,629 STORMWATER UTILITY FUND $ 64,513 $ 349,044 $ 256,664 $ 43,692 $ 65,212 18.5% 25.4% $ 426,614 WATER IMPACT FUND $ 9,848 $ 152,434 $ 120,450 $ 7,912 $ 22,978 6.5% 19.1% $ 45,680 SEWER IMPACT FUND $ 45 $ 41,762 $ 28,625 $ 3,286 $ 12,340 0.1% 43.1% $ 15,975 WATERISEWER FUND $ 1,142,434 $ 5,118,477 S 4,885,188 $ 719,061 $ 1,179,736 22.3% 24.1% 5 4,400,898 EDC4BFUND $ 91,053 $ 483,952 $ 575,878 $ 378,314 $ 397,534 18.8% 69.0% $ 535,693 CAPITAL FUND $ 8,352 $ 180,171 $ 162,535 $ 17,446 $ 30,505 4.6% 18.8% $ 93,515 SPECIAL REVENUE FUND $ 91,089 $ 95,393 $ - $ - 95.5% 0.0% $ 151,223 TOTALREVENUES 4,664,907 14,160,294 14,674,368 4,081,156 5A35,774 32.9% 37.0% $ 10,570,260 EXPENDITURE SUMMARY BY FUND FY16-17 FY16-17 FY17-18 CURRENT FY17-18 %OFPYBUDGET %OFCYBUDGET BUDGET EXPENDITURES YFD ACTUAL ADOPTED MONTH YTD EXPENSED EXPENSED REMAINING GENERAL FUND $ 1,358,931 $ 5,918,989 $ 6,453,680 $ 456,743 $ 1,469,345 23.0% 22.8% $ 5,019,962 OTHER GENERAL FUND $ 451,319 $ 1,070,763 $ 920,034 $ 64,542 $ 148,211 42.1% 16.1% $ (148,211) GENERAL FUND $ 1,810,250 $ 6,989,752 $ 7,373,714 $ 521,285 $ 1,617,556 25.9% 21.9% $ 4,871,751 GENERAL DEBT SERVICE FUND $ 34,909 $ 1,423,034 $ 1,663,884 $ - $ 33,794 2.5% 2.0% $ 1,331,833 WATER/SEWERFUND $ 776,118 $ 3,708,608 $ 4,258,316 $ 243,194 $ 780,896 20.9% 18.3% $ 4,048,879 STORMWATER UTILITY FUND $ 17,295 $ 272,138 $ 271,303 $ 13,672 $ 65,603 6.4% 24.2% $ 505,554 WATER IMPACTFUND $ - $ - $ 153,573 $ - $ - 0.0% $ 154,415 SEWERIMPACTFUND $ - $ - $ 60,000 $ - $ - 0.0% $ 60,000 WATER7SEWERFUND $ 793,413 $ 3,980,746 $ 4,743,192 $ 256,866 $ 846,499 19.9% 17.8% $ 4,768,848 EDC4B FUND $ 135,499 $ 602,722 $ 592,963 $ 28,625 $ 141,920 22.5% 23.9% $ 661,960 CAPITAL FUND $ 83,630 $ 92,209 $ 175,170 $ 3,605 $ 5,073 90.7% 2.9% $ 211,167 SPECIAL REVENUE FUND $ 29,110 $ 104,097 $ 22,984 $ - $ - 28.0% 0.0% $ 151,223 EXPENDITURES TOTAL 6i $ 14,571,907 :i "YOU'RE HERE.YOUR HOME." CITY OF KENNEDALE ANNUAL PROGRAM OF SERVICES DECEMBER 2017 EXPENDITURE SUMMARY BY DEPARTMENT FYI 6-17 FYI 6-17 FYI 7-18 CURRENT FYI 7-18 %OFPYACTUAL %OFCYBUDGET BUDGET GENERALFUND YTD ACTUAL ADOPTED MONTH YTD EXPENSED EXPENSED REMAINING CITYMANAGER $ 62,262 $ 356,066 $ 352,423 $ 26,098 $ 73,057 17.5% 20.7% $ 279,366 MAYOR/CITY COU NCIL $ 14,905 $ 129,553 $ 115,113 $ 16,567 $ 31,163 11.5% 27.1% $ 83,950 CITY SECRETARY $ 29,841 $ 152,017 $ 144,246 $ 6,966 $ 27,948 19.6% 19.4% $ 116,298 MUN ICIPAL COURT $ 23,887 $ 109,871 $ 128,197 $ 7,495 $ 21,061 21.7% 16.4% $ 107,136 HUMAN RESOURCES $ 33,357 $ 123,083 $ 128,583 $ 15,961 $ 31,213 27.1% 24.3% $ 97,370 FINANCE $ 54,416 $ 293,954 $ 301,564 $ 17,409 $ 52,472 18.5% 17.4% $ 249,092 POLICE $ 490,957 $ 2,149,697 $ 2,405,689 $ 148,029 $ 534,270 22.8% 22.2% $ 1,871,419 FIRE $ 362,649 $ 1,679,349 $ 1,835,873 $ 150,097 $ 404,051 21.6% 22.0% $ 1,431,822 COMMUNITY DEVELOPMENT $ 64,120 $ 305,758 $ 341,663 $ 15,855 $ 44,440 21.0% 13.0% $ 297,223 SENIOR CITIZEN CENTER $ 10,857 $ 49,345 $ 51,439 $ 7,301 $ 11,787 22.0% 22.9% $ 39,652 LIBRARY $ 55,787 $ 263,741 $ 258,031 $ 23,435 $ 62,360 21.2% 24.2% $ 195,671 NONDEPARTMENTAL $ 155,894 $ 306,556 $ 390 RSo $ 21,531 $ 175,524 50.9% 44.9% $ 215,335 TOTAL EXPENDITURES $ 1,358,932 $ 5,918,989 $ 456,744 $ 1,469,346 23.0% 22.8% $ 4,984,334 FYI 6-17 FYI 6-17 CURRENT FYI 7-18 %OFPYBUDGET %OFCYBUDGET BUDGET WATER/SEWER FUND YTD ACTUAL MONTH YTD EXPENSED EXPENSED REMAINING UTILITY BILLING $ 140,968 $ 928,580 > Ui,v $ 59,322 $ 68,142 15.2% 5.5% $ 1,168,901 WATER OPERATIONS $ 246,551 $ 1,263,519 $ 1,649,405 $ 114,503 $ 370,476 19.5% 22.5% $ 1,278,929 DEBT $ 152,813 $ 511,309 $ 677,361 $ - $ 152,813 29.9% 22.6% $ 524,548 W&S CAPITAL $ 17,385 $ 196,862 $ 39,796 $ - $ - 0.0% $ 39,796 NONDEPARTMENTAL $ 218,400 $ 808,339 < 65A 711 $ 69,369 $ 189,465 27.0% 28.9% $ 465,246 TOTAL EXPENDITURES $ 776,117 $ 3,708,608 $ 243,193 $ 780,896 20.9% 18.3% $ 3,477,420 FYI 6-17 FYI 6-17 CURRENT FYI 7-18 %OFPYBUDGET %OFCYBUDGET BUDGET STREET IMPROVEMENT FUND YTD ACTUAL MONTH YTD EXPENSED EXPENSED REMAINING STREETS $ 150,465 $ 711,530 > o96i43 $ 56,766 $ 130,513 21.1% 18.7% $ 567,630 PARKS MAINTENANCE $ 21,281 $ 77,298 $ 161,368 $ 7,776 $ 17,698 27.5% 11.0% $ 143,670 CAPITAL $ 279,573 $ 281,935 $ 60,523 $ - $ - 0.0% $ 60,523 TOTAL EXPENDITURES $ 451,319 $ 1,070,763 $ 97" $ 64,542 $ 148,211 42.1% 16.1% $ 771,823 FYI 6-17 FYI 6-17 CURRENT FYI 7-18 %OFPYBUDGET %OFCYBUDGET BUDGET EDC46FUNDS YTD ACTUAL MONTH YTD EXPENSED EXPENSED REMAINING ADMINISTRATION $ 41,475 $ 190,611 li_,_ $ 6,804 $ 31,824 21.8% 16.3% $ 163,693 DEBT SERVICE $ 77,953 $ 324,250 $ 322,365 $ 4,766 $ 75,471 24.0% 23.4% $ 246,894 TOWN SHOPPING CENTER $ 16,072 $ 75,209 $ 45,362 $ 17,055 $ 34,626 21.4% 76.3% $ 10,736 TOWNCENTER REDEVELOPMENT $ - $ 12,653 $ - $ - $ - #DIV/0! $ - TOTAL EXPENDITURES $ 135,499 $ 602,722 $ 561, $ 28,625 $ 141,921 "YOU'RE HERE.YOUR HOME." KENNEDALE You're Here,Your Home www.cityofkennedale.com Staff Report to the Honorable Mayor and City Council Date: January 12, 2018 Agenda Item No: REQUIRED APPROVAL ITEMS (CONSENT) -A. I. Subject: Consider approval of minutes from December 18, 2017 regular meeting II. Originated by: Leslie Galloway, City Secretary &Communications Coordinator III. Summary: Please see the attached minutes for your approval. IV. Fiscal Impact Summary: V. Legal Impact: VI. Recommendation: Approve VII.Alternative Actions: VIII.Attachments: 1. 2017 12.18 Minutes City Council Regular 017 12.18 Minutes City Council Regular iMeet—ingDRAFT Meetin DRAFT. df 405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817-985-2100 1 Fax: 817-478-7169 KENNEDALE You're Here,Your Home KENNEDALE CITY COUNCIL MINUTES www.cityofkennedale.com REGULAR MEETING I December 18, 2017 CITY HALL COUNCIL CHAMBERS, 405 MUNICIPAL DRIVE WORK SESSION - 5:30 PM I REGULAR SESSION - 7:00 PM I. CALL TO ORDER Mayor Johnson called the meeting to order at 5:32 p.m. II. WORK SESSION A. Hold a discussion and provide staff direction regarding amending the City of Kennedale purchasing policy City Manager George Campbell stated that this item was added at the request of Council. Mayor Pro Tern Jan Joplin proposed lowering the amount that the City Manager was authorized to spend without seeking Council approval from $50,000.00 to $10,000.00. Campbell responded that the current limit is not unusually high, and that setting it to $10,000.00 would limit his ability to conduct the daily operations necessary to meet contractual obligations and to move forward on projects approved by Council through the adoption of the budget. There was some discussion about how often the current threshold is met versus how often a threshold of$10,000.00 might be, and the possibility of meeting more often. Councilmember Kelly Turner stated that, though he understood the desire to lower the threshold, he did not believe such a dramatic decrease was necessary. Mayor Brian Johnson proposed considering a lower limit only for items that were not included in the budget. Gilley asked that staff survey similar cities for their purchasing policies. B. Hold a discussion and provide staff direction regarding City membership in the Texas Local Government Center Gilley stated that the Texas Local Government Center (TLGC) is a relatively new organization that provides resources to members of local government. TLGC Executive Director Art Martinez stated that the organization was created as a public policy think-tank that was more resident-oriented, focusing on transparency and budgetary reform. He added that membership was currently free. In response to Mayor Johnson's question, Martinez stated that there was currently one other member City. C. Discussion of items on regular agenda There was no discussion at this time. Mayor Johnson recessed to Executive Session at 6:00 p.m. Executive Session recessed at 6:15 p.m., when two of the four attending Councilmembers left and there was no longer a quorum. 405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817-985-2100 1 Fax: 817-478-7169 III. REGULAR SESSION Mayor Johnson opened the regular session at 7:01 p.m. IV. ROLL CALL Present: Mayor Brian Johnson; Mayor Pro Tern Jan Joplin, Place 5; Rockie Gilley, Place 1; Liz Carrington, Place 2; Sandra Lee, Place 3; and Kelly Turner, Place 4. Absent: None Staff., City Manager George Campbell, City Secretary and Communications Coordinator Leslie Galloway, Finance Director Brady Olsen, Fire Chief Mike McMurray, Police Chief Tommy Williams, Police Captain Darrell Hull, Public Works Director Larry Ledbetter, Public Works Superintendent Larry Hoover, Library Director Amanda King, City Attorney Wayne Olson V. INVOCATION Mayor Pro Tern Joplin provided the invocation. VI. UNITED STATES PLEDGE AND TEXAS PLEDGE VII. VISITOR/CITIZENS FORUM • Kelli Rod, 945 Little School Road, and Scott Shepherd, CEO of 6 Stones gave an overview of the organization that was founded in January 2009 and aims to revitalize cities. • Frank Fernandez, 911 Shady Vale Drive, stated his appreciation for Councilmember Carrington's service to the City of Kennedale. • Hollis Matthews, 1252 Elmbrook Drive, presented Charter amendments that he proposed be presented to voters at the May 5, 2018 election. • Syed Hassan, 601 Engleside Drive, Arlington, TX, representing DFW Regional Concerned Citizens, stated that he believed recall of Councilmembers should only be used in serious situations that threaten the community, rather than to settle disagreements. • Ron Whitley, 1009 Oakridge Court, stated his appreciation for Councilmember Carrington's service to the City of Kennedale. • Mike Walker, 717 Shady Creek, stated his appreciation for Councilmember Carrington's service to the City of Kennedale. • Daniel Bennet, 408 Pemberton Street, Fort Worth, TX, presented information to the Council about the past elections and actions of the Tarrant Appraisal District (TAD) Board. • Terri Arangio, 3402 Jerry Lane, Arlington, TX, stated her appreciation for Councilmember Carrington's service to the City of Kennedale. • Joe Taylor, 604 Bluebonnet Lane, submitted written comments stating his appreciation for Councilmember Carrington's service to the City of Kennedale. • Jesse Taylor, 4408 Village Creek Road, Fort Worth, Chair of Republican Party of Precinct 1297, stated his appreciation for Councilmember Lee's service to the City of Kennedale. • Chris Pugh, 715 Timberline, stated his appreciation for Councilmember Carrington's service to the City of Kennedale. Page 2 of 6 • Laurie Sanders, 208 W 5th Street, stated her appreciation for Councilmember Carrington's service to the City of Kennedale. • Carolyn Coker Williamson, 3170 Joplin Road, stated her appreciation for Councilmember Carrington's service to the City of Kennedale. • Greg Adams, 704 Crestview Drive, stated his appreciation for Councilmember Carrington's service to the City of Kennedale. • Charles Overstreet, 1256 Wendy Court, stated his appreciation for Councilmember Carrington's service to the City of Kennedale. • Ann Fontenot, 1043 Foxwood Drive, stated her appreciation for Councilmember Carrington's service to the City of Kennedale. • Wilda Turner, 1013 Sublett Road, stated her appreciation for Councilmember Carrington's and Ernest Harvey's service to the City of Kennedale. • Sharon Hamrick, 1024 Sublett Road, stated her appreciation for Councilmember Carrington's service to the City of Kennedale. • Eric Elam, 349 Kennedale Sublett Road, spoke about a former Kennedale ISD bond and past disagreements. • Anthony J. Arangio, 3402 Jerry Lane, Arlington, TX, stated his appreciation for Councilmember Carrington's service to the City of Kennedale. • Marsha Knox, 200 Hilltop Drive, stated her appreciation for Councilmember Lee's service to the City of Kennedale. • John Clark, 100 Meadowlake Court, encouraged Council to demonstrate statesmanship and stated his appreciation for Councilmember Carrington's service to the City of Kennedale. • Dean Carrington, 1004 Ohio Court, stated his appreciation for Councilmember Carrington's service to the City of Kennedale; and summarized the health issues she has experienced. • Kayla Hughes, 1208 Hunters Haven Drive, submitted written comments stating her appreciation for Councilmember Carrington's service to the City of Kennedale. • Jeffrey Nevarez, 338 Spring Branch Lane, submitted written comments stating his appreciation for Councilmember Carrington's service to the City of Kennedale. • Ruby Faye Woolridge, 2001 Norwood Lane, submitted written comments asking "why is this happening?" Page 3 of 6 VIII. REPORTS/ANNOUNCEMENTS A. Updates from the City Council • Mayor Pro Tern Joplin thanked staff for the Christmas Tree Lighting Festival and the Fire Department's Angel Tree. She added that she was working on a Fire Department salary plan and addressing various resident and business issues. She concluded by saying that she does not like the current situation and feels things could have been done differently. • Councilmember Turner stated that he was named Chair of the Emergency Preparedness Planning Committee (EPPC), a group that aims to ensure that all communities have access to resources during an event and conducts citizen training. B. Updates from the City Manager City Manager George Campbell had no updates at this time. C. Updates from the Mayor Mayor Brian Johnson stated that he attended the Southeast Tarrant Transportation Partnership and Tarrant Regional Transportation Coalition meetings regarding the transportation needs of those who face economic challenges. He added that he was named the Vice-Chair of the Mayor's Council and spent time working on a promotion video of the disc golf course at Sonora Park with Parks and Recreation Board Member Phil Wallace. D. Stormwater presentation and survey information Public Works Superintendent Larry Hoover introduced Ben Pylant and Matt Stahl of Halff Associates, who distributed a survey and discussed the importance of managing stormwater, as it is not connected to the sewer system, meaning it is discharged into waterways untreated. IX. MONITORING INFORMATION A. Monthly Financials — November 2017 There was no discussion at this time. X. INCIDENTAL ITEMS XI. REQUIRED APPROVAL ITEMS (CONSENT) A. Consider approval of minutes from November 20, 2017 regular meeting Motion To approve the Required Approval Items (Consent) Agenda. Action Approve, Moved By Turner, Seconded By Carrington. Motion passed unanimously. XII. DECISION ITEMS A. Consider approval of Ordinance 639, amending Chapter 16, Article II "Parks and Recreation Board" of the Kennedale Code of Ordinances, increasing the board membership from five places to seven Motion To approve Ordinance 639, amending Chapter 16, Article II "Parks and Recreation Board" of the Kennedale Code of Ordinances, increasing board membership from five places to seven. Action Approve, Moved By Turner, Seconded By Lee. Motion passed unanimously. Page 4 of 6 B. Consider making appointments to the Parks and Recreation Board Motion To approve appointment of Carlos Chargoy to the Parks and Recreation Board, Place 7. Action Approve, Moved By Mayor Pro Tern Joplin, Seconded By Gilley. Motion passed unanimously. C. Determination of violation of expressed prohibition of City Charter/Forfeiture of Office for Councilmember Sandra Lee, pursuant to Section 3.06 of the City Charter Councilmember Turner thanked everyone who spoke during the Visitors Forum and stated that he felt it was clear that residents wished that the Council move forward as a board of five, as nothing that has allegedly occurred has "endangered the public good." He concluded by saying that he would prefer to find a way to move forward, working together. Motion To postpone determination of violation of expressed prohibition of City Charter/ Forfeiture of Office for Councilmember Sandra Lee until no earlier than December 25, 2017. Action Postpone, Moved By Gilley, Seconded By Mayor Pro Tern Joplin. City Attorney Wayne Olson read the Charter provisions regarding forfeiture of office and noted that this procedure was rarely utilized. He added that he would recommend that the Council grant extensions if either Lee or Carrington made such a request. Gilley stated that these were very serious charges and that he felt Councilmember Lee had not been given adequate time to prepare. Turner stated that he felt it was in the community's best interest to move forward as a Council of five; but that if Council does decide that members should be dismissed if a violation had been made, that he did feel that violations had occurred. Lee stated that she took issue with the timing of the hearing, as the cited acts occurred during June and July of 2017. Turner stated that the issues were ignored at the time in an attempt to work together, and that he still felt that voters — rather than the Council —should be allowed to decide. He added that he felt what citizens had said tonight clearly showed that they wish for Council to postpone these hearings, set aside differences, and move forward working together. Mayor Pro Tern Joplin stated that she felt Councilmember Carrington had adequate time to prepare. Gilley stated that Carrington had ten days to prepare and that he felt Lee should be given the same time to prepare. Mayor Johnson stated that he felt that residents wanted Council to put away the issues and find a way to move forward together. He asked what would be gained by holding these hearings. Gilley answered that we would gain the following of the rules of the Charter. Mayor Pro Tem Joplin stated that she also supported following the Charter and that as new councilmembers they needed but had lacked the support and guidance of veteran members because of the excessive absences. She added that if she was in Carrington's position, that she would resign. In response to Turner's question, Gilley and Joplin stated that, if Lee's actions were shown to be a violation of the Charter, they would vote to vacate her seat. Turner stated that he did not feel that upholding the rules of the Charter trumped protecting the best interest of the community. Motion passed 4-0, with Lee abstaining. Page 5 of 6 D. Determination of Excused Absences/Forfeiture of Office for Councilmember Liz Carrington, pursuant to Section 3.06 of the City Charter Turner stated that he felt the hearing should be postponed until Carrington felt adequately prepared to answer the charges. Gilley stated that he could support that decision, if the hearing was held no later than Friday, January 12, 2018. Motion To postpone this item to a date no later than January 12, 2018. Action Postpone, Moved By Turner, Seconded By Gilley. Motion passed 3-1, with Carrington abstaining and Mayor Pro Tern Joplin voting against. XIII. EXECUTIVE SESSION The City Council may meet in closed session pursuant to the Texas Government Code for the following matters: • Seek advice from the City Attorney regarding the interpretation of City Charter requirements regarding vacancies and forfeiture of office. • Seek advice from the City Attorney regarding Public Official Liability Insurance. • Pursuant to Section 501.071: Consultation with the City Attorney pertaining to any matter in which the duty of the City Attorney under the Texas Disciplinary Rules of Professional Conduct may conflict with the Open Meetings Act, including discussion on any item posted on the agenda and legal issues regarding the Open Meetings Act. XIV. RECONVENE INTO OPEN SESSION, AND TAKE ACTION NECESSARY PURSUANT TO EXECUTIVE SESSION, IF NEEDED Executive Session was held following Work Session, before the Regular Session was called to order. No action was taken at this time. XV. ADJOURNMENT Mayor Johnson adjourned the meeting at 9:14 p.m. APPROVED: ATTEST: BRIAN JOHNSON, MAYOR LESLIE GALLOWAY. CITY SECRETARY Page 6 of 6 KENNEDALE You're Here,Your Home www.cityofkennedale.com Staff Report to the Honorable Mayor and City Council Date: January 12, 2018 Agenda Item No: DECISION ITEMS-A. I. Subject: Certification by City Secretary of Citizens Petitions for recall under Article XI of the City Charter; and Consideration and/or action regarding Citizens Petitions for recall under Article XI of the City Charter II. Originated by: Leslie Galloway, City Secretary &Communications Coordinator III. Summary: City Secretary and Communications Coordinator Leslie Galloway will present the certification of the citizens petitions to City Council, calling for the recall of Councilmembers Jan Joplin and Sandra Lee. IV. Fiscal Impact Summary: V. Legal Impact: VI. Recommendation: VII.Alternative Actions: VIII.Attachments: F1---TC—ity Sec Certification lCertification CS 2018Petition. df 405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817-985-2100 1 Fax: 817-478-7169 STATE OF TEXAS § COUNTY OF TARRANT § CITY OF KENNEDALE § CERTIFICATION OF PETITION BY CITY SECRETARY I, Leslie Galloway, City Secretary of the City of Kennedale,Texas, do hereby certify that the attached petition regarding the recall of City Council Member SANDRA LEE, PLACE 3,filed in my office Monday,January 8, 2018, by John Clark contained 501 signatures, of which at least 425 were verified as adequate and complete. Section 11.03 (Recall) of the City of Kennedale Home Rule Charter reads: The qualified voters of the City shall have the power to recall any elected official of the City and may exercise thatpower by filing with the City Secretary a petition containing the same number of signatures and qualifications as required for an initiative petition*under this Charter. If thepetition is certified by the City Secretary to be sufficient, the City Council shall call an election to determine whether the official named in the petition shall be recalled. The election shall be held no earlier than thirty(30)days after the City Council receives the petition, nor no later than the next special election as allowed in the Texas Election Code. Section 11.01 (Initiative) of the City of Kennedale Home Rule Charter reads: Any initiated ordinance may be submitted to the City Council by a petition signed by qualified voters equal in number to *at least twenoL-five(25)percent of the votes cast in the last regular municipal election, but not less than two hundred and fifty(250)signatures. According to Tarrant County Election Records, there were 1,216 voters in the most recent General Election, held May 6,2017; therefore a minimum of 304 signatures is required. There are a sufficient number of verified signatures. I have determined that the petition has a proper,attached affidavit of the person who filed the petition and it otherwise meets the procedures of the Charter and other laws. Pursuant to Section 11.03 of the Charter, the City Council shall call a Special Election to determine whether the official named in the petition —SANDRA LEE, PLACE 3—shall be recalled. The next Special Election date that meets the requirements of the Charter and state law is Saturday,May 5,2018, and the deadline for calling such an election is Friday, February 16, 2018. WITNESS MY HAND AND THE SEAL OF THE CITY OF KENNEDALE, TEXAS,THIS THE 9TH I DAY OF JANUARY, 2018. ♦,,�III11111/���I ,`�♦��SNNED q j�i,�+ O �. ♦t � LESLIE GALLOWAY,CITY SECRETAR U K CITY OF KENNEDALE,TEXAS T CO ♦♦ 111 STATE OF TEXAS § COUNTY OF TARRANT § CITY OF KENNEDALE § CERTIFICATION OF PETITION BY CITY SECRETARY I, Leslie Galloway, City Secretary of the City of Kennedale,Texas, do hereby certify that the attached petition regarding the recall of City Council Member JAN JOPLIN, PLACE 5, filed in my office Monday,January 8, 2018, by John Clark contained 498 signatures, of which at least 421 were verified as adequate and complete. Section 11.03 (Recall) of the City of Kennedale Home Rule Charter reads: The qualified voters of the City shall have the power to recall any elected official of the City and may exercise that power by filing with the City Secretary a petition containing the same number of signatures and qualifications as required for an initiative petition*under this Charter. If the petition is certified by the City Secretary to be sufficient, the City Council shall call an election to determine whether the official named in the petition shall be recalled. The election shall be held no earlier than thirty(30)days after the City Council receives the petition, nor no later than the next special election as allowed in the Texas Election Code. Section 11.01 (Initiative) of the City of Kennedale Home Rule Charter reads: Any initiated ordinance may be submitted to the City Council by a petition signed by qualified voters equal in number to *at least twena-five=percent of the votes cast in the last regular municipal election, but not less than two hundred and fifty(250)signatures. According to Tarrant County Election Records, there were 1,216 voters in the most recent General Election, held May 6, 2017; therefore a minimum of 304 signatures is required. There are a sufficient number of verified signatures. I have determined that the petition has a proper, attached affidavit of the person who filed the petition and it otherwise meets the procedures of the Charter and other laws. Pursuant to Section 11.03 of the Charter, the City Council shall call a Special Election to determine whether the official named in the petition —JAN JOPLIN, PLACE 5—shall be recalled. The next Special Election date that meets the requirements of the Charter and state law is Saturday,May 5,2018, and the deadline for calling such an election is Friday, February 16, 2018. WITNESS MY HAND AND THE SEAL OF THE CITY OF KENNEDALE, TEXAS,THIS THE 9TH I DAY OF JANUARY, 2018. ���III1111/�� 4 K% LESLIE GALLOWAY, CITY SECRETARY V FW+ CITY OF KENNEDALE,TEXAS %NT rr►nnl� KENNEDALE You're Here,Your Home www.cityofkennedale.com Staff Report to the Honorable Mayor and City Council Date: January 12, 2018 Agenda Item No: DECISION ITEMS- B. I. Subject: Consider approval of Resolution 516, calling a Special Election for May 5, 2018, pursuant to Article XI of the City Charter II. Originated by: Leslie Galloway, City Secretary &Communications Coordinator III. Summary: At this time, Council will consider calling a Special Election, in response to the citizens petitions, regarding the recall of Councilmember Sandra Lee, Place 3 and Mayor Pro Tern Jan Joplin, Place 5. Resolution 516 is not atttached as it has not yet been finalized. It will be provided to Council at or before the meeting on Friday, January 12, 2018. IV. Fiscal Impact Summary: V. Legal Impact: VI. Recommendation: Approve 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: January 12, 2018 Agenda Item No: DECISION ITEMS- C. I. Subject: Determination of violation of express prohibition of City Charter/Forfeiture of Office for Councilmember Sandra Lee, pursuant to Section 3.06 of the City Charter II. Originated by: III. Summary: This hearing is placed on the agenda at the request of City Council Members. 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: January 12, 2018 Agenda Item No: DECISION ITEMS- D. I. Subject: Determination of Excused Absences/Forfeiture of Office for Councilmember Liz Carrington, pursuant to Section 3.06 of the City Charter II. Originated by: III. Summary: This hearing is placed on the agenda at the request of City Council Members. 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: January 12, 2018 Agenda Item No: EXECUTIVE SESSION -A. I. Subject: Ray v. Johnson, et al; Civil Action No. 4:17-CV-1 006-Y II. Originated by: III. Summary: IV. Fiscal Impact Summary: V. Legal Impact: VI. Recommendation: VII.Alternative Actions: VIII.Attachments: Fl--FR—ay v Johnson CONFIDENTIAL LEGAL CONFIDENTIAL . df 405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817-985-2100 1 Fax: 817-478-7169