2018_10.16_CC_MinutesKENNEDALE
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KENNEDALE CITY COUNCIL MINUTES
REGULAR MEETING I OCTOBER 16, 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
Mayor Brian Johnson called the meeting to order at 5:30 p.m.
II. WORK SESSION
A. Discussion of items on regular agenda
There was no discussion at this time.
B. Continue conducting interviews of applicants for appointment to Advisory Boards and
Commissions
At this time, the Council interviewed Donald Spikes.
C. Discuss and provide staff direction regarding the allocation of potential TIRZ
reimbursements to the City
Finance Director Brady Olsen and Public Works Superintendent Larry Hoover were
available to answer Council's questions regarding TIRZ projects, funding, and the process
for allocating funds upon reimbursement.
D. Discuss and provide staff direction regarding potential amendments to the Fiscal 2018 -19
budget
Finance Director Brady Olsen was available to answer Council's questions regarding
specific budget line items. There was some discussion regarding transfers between funds,
potential debt issuance, and how the FY19 Budget deficit is expected to affect the reserves.
E. Discussion of a potential May 2019 General Obligation Bond Election
Finance Director Brady Olsen provided a brief overview and was available to answer
Council's questions regarding how issuance of additional debt through General Obligation
Bonds would affect the I &S (Interest and Sinking) portion of the Property Tax Rate.
F. Discuss EDC projects funded with Street or Water Funds
Finance Director Brady Olsen was available to answer Council's questions regarding the
funding sources of the Link Street project from FY13 -14.
405 Municipal Drive, Kennedale, TX 76060 I Telephone: 817- 985 -2100 1 Fax: 817-478-7169
G. Discussion regarding the Arts and Culture Foundation
There was no discussion at this time.
H. Discuss practices and procedures for blind copies of email messages sent to
Councilmembers
There was no discussion at this time.
Mayor Johnson closed the Work Session at 6:54 p.m. and there was a brief recess
preceding the Regular Session.
ID. REGULAR SESSION
Mayor Johnson called the Regular Session to order at 7:08 p.m.
IV. ROLL CALL
Present: Mayor Johnson; Mayor Pro Tem Sandra Lee, Place 3; Rockie Gilley, Place 1; Chris
Pugh, Place 2 (arrived at 5:32 p.m.); Linda Rhodes, Place 4; and Jan Joplin, Place 5. Absent: NONE.
Staff: City Manager George Campbell, City Secretary Leslie Galloway, Finance Director Brady Olsen, Director of Planning and
Economic Development Melissa Dailey, Library Director Amanda King, Police Chief Tommy Williams, and Public Works
Superintendent Larry Hoover
V. INVOCATION
Pastor Nelda Barrett Murraine of First United Methodist Church of Kennedale offered the
invocation.
VI. UNITED STATES PLEDGE AND TEXAS PLEDGE
VII. VISITOR/CITIZENS FORUM
Sarah Bishop Johnson Cotton, 700 Crestview Drive, stated that she urged the Council to
consider those who cannot afford higher water and tax rates.
Councilmember Gilley stated that the City of Mansfield tax rate is lower than that of the City of Kennedale.
Greg Adams, 704 Crestview Drive, stated that he urged those Councilmembers who received
campaign donations from Ron Sturgeon to recuse themselves from the vote on the agenda item
related to his place of business.
Mayor Johnson stated that no law required those Councilmembers to recuse themselves from that vote.
Steve Higginbotham, 505 Pennsylvania, stated his criticism of the Council for not passing the tax
rate necessary to support the adopted budget and denying the bond issuance.
Linda Graddy, announced the Kennedale Community Theater's production of "Closed for the
Holidays" on December 14 and 15 at the Kennedale High School auditorium.
Andrew Schaffer, 3409 Woodside Drive, Arlington, stated that he is currently building a home in
Kennedale and criticized the Council's decision to lower taxes and drawdown the reserves.
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Jeff Nevarez, 338 Spring Branch Lane, thanked those who made the Concert in the Park a
success, announced the Rotary Club Chili Cook Off, and stated his criticism of the Council for not
passing the tax rate necessary to support the adopted budget and denying the bond issuance.
Councilmember Gilley stated that the difference between adopting the effective vs. the proposed tax rate is
roughly $288, 000 in revenue.
Mayor Johnson stated that the increase in expenditures must also be accounted for.
Jeff Nevarez, 338 Spring Branch Lane, responded with his view — as a resident and Parks Board
member — of the importance of sidewalks, new and expanded parks, and connecting to the
regional linear trail system; and his frustration that a reduction of revenues has delayed those.
Michael Chandler, 700 E Kennedale Parkway, stated his criticism of the depletion of the reserve
funds, specifically noting that it left the City less able to respond to potential emergencies.
Councilmember Gilley stated that emergencies are typically addressed via Certificates of Obligation or Tax
Notes.
City Attorney Wayne Olsen urged the Council to exercise discretion in their responses, noting that the
purpose of the Visitor /Citizens Forum was for residents to bring issues to Council's attention, and that while
Council could respond with factual information, that this was not a forum for open debate of issues.
Councilmember Joplin stated that the reserves were healthier now than they have been in five years; and
that she could provide a chart showing that they would remain above the required minimum fund balance.
In response to Mayor Johnson's question, Finance Director Brady Olson stated that, under the Adopted
Budget and Tax Rate, no major fund was projected to end FY18 -19 above the 18% minimum fund balance.
Nadia Guerra, 101 Arthur Drive, stated that in light of recent Council decisions regarding the
budget, funding capital projects, and future development, she has concerns with members' level of
understanding and willingness to take responsibility; and stated her criticism of the time and
money expended on a denied issuance of Certificate of Obligation debt.
Ann Fontenot, 1043 Fox Wood Drive, did not speak but submitted a written statement of her
criticism of the Council's recent decision against funding the equipment necessary to live- stream
meetings; and her perception of the conflict of interest created by members of the Council having
accepted campaign donations from local businesses that the Council and Advisory Boards are
now considering action regarding.
Caleb Stafford, 315 Mistletoe, did not speak but submitted a written statement his criticism of the
Council for not passing the tax rate necessary to support the adopted budget and denying the
bond issuance.
VIII. REPORTS /ANNOUNCEMENTS
A. Updates from the City Council
ROCKIE GILLEY, PLACE 1, announced that he had been researching bonds and speaking
with those in leadership roles at other cities.
CHRIS PUGH, PLACE 2, announced that he had attended a breakfast for City staff hosted
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by a neighborhood association and spoke with residents regarding Council's decisions
regarding the budget.
MAYOR PRO TEM SANDRA LEE, PLACE 3, thanked the Parks Board for hosting the
Concert in the Park.
LINDA RHODES, PLACE 4, announced that she attended a P &Z training hosted by the City
of Forest Hill along with Councilmember Joplin and several members of the P &Z and BOA
Boards; that the Public Safety Open House was scheduled for Saturday, October 20; and
expressed her appreciation for first responders, noting that the American Public Works
Association now recognized public works employees as first responders.
JAN JOPLIN, PLACE 5, announced that she attended the P &Z, EDC, Parks Board, and
Comprehensive Plan meetings, the Family Place presentation at the Library, the Senior
Citizen Center Open House, the P &Z training at Forest Hill, and Concert in the Park; she
added that Public Safety Open House and Trunk -or -Treat were scheduled for October 20;
acknowledged Breast Cancer Awareness Month; and noted the recent decrease residents
should have seen on their utility bills.
B. Updates from the Mayor
Mayor Brian Johnson announced that he attended a SETT meeting regarding VIA, the
Mansfield Performing Arts Center, and road expansion; attended a TRTC meeting regarding
drone regulation; he then acknowledged Breast Cancer Awareness Month and Domestic
Violence Awareness Month; and congratulated the Parks Board on Concert in the Park.
C. Updates from the City Manager
City Manager George Campbell announced the appointment of James Brown as Fire Chief.
IX. MONITORING INFORMATION
A. Monthly Financials — September 2018
There was no discussion at this time.
B. Monthly EDC Financials and Activity Report
There was no discussion at this time.
X. INCIDENTAL ITEMS
XI. REQUIRED APPROVAL ITEMS (CONSENT)
A. Discuss and approve renewal of M &R Janitorial Services contract
B. Consider approval of minutes from September 6, 2018 special meeting
C. Consider approval of minutes from September 14, 2018 special meeting
D. Consider approval of minutes from September 17, 2018 regular meeting
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E. Consider adoption of Resolution 542, adopting an amended City of Kennedale Purchasing
Policy
Councilmember Joplin requested that items A and E be removed from Consent.
Motion To Approve Consent Agenda, except Items A and E. Action Approve, Moved By
Gilley, Seconded By Mayor Pro Tem Lee. Motion passes Unanimously.
City Manager George Campbell provided an overview of the contract with M &R Janitorial
Services and he and owner Ron Francis were available to answer Council's questions.
Motion To Approve Consent Agenda Item A. Renewal of M &R Janitorial Services Contract.
Action Approve, Moved By Gilley, Seconded By Pugh. Motion passes Unanimously.
Finance Director Brady Olsen and City Attorney Wayne Olson were available to answer
Council's questions regarding the updated purchasing policy.
Motion To Approve Consent Item E. Resolution #542, adopting an amended City of
Kennedale Purchasing Policy, with the two following conditions: (1) to revise the Matrix
(Appendix "A" of the purchasing policy) to reflect correct dollar amounts with their correct
"Signatures Required" criteria for the $25,000 threshold requiring Council approval, and (2)
to direct city staff to submit an ordinance at the next City Council meeting to replace the last
sentence in the city code Section 2 -74 (9) to read: "All purchases shall be made, contract
let, or obligation incurred for any item or service in accordance with the current City of
Kennedale Purchasing Policy, as approved by City Council. Action Approve, Moved By
Rhodes, Seconded By Joplin. Motion passes Unanimously.
XII. DECISION ITEMS
A. CASE #PZ 18 -05 to conduct a public hearing, receive comments, and consider approval on
a request by NIEO Enterprises LLC to approve an ordinance regarding for a zoning change
from "C -2" General Commercial District to "1" Industrial District located on approximately 2
acres at 7200 IH -20, 7204 IH -20 and 7208 IH -20, legal description of Block 2, Lots 1A, 1B
and 1 C, A & A Addition, David Strickland Survey, Abstract 1376
1. Staff Presentation
Director of Planning and Economic Development Melissa Dailey stated that the Planning &
Zoning Commission voted for approval of this zoning change request at their September 20,
2018 meeting. Dailey and the applicant — Gary Ostand (on behalf of NIEO Enterprises /H &O
Die) — were available to answer Council's questions regarding the request.
2. Public Hearing
There were no requests to speak at the Public Hearing.
3. Staff Response and Summary
Dailey stated that staff recommends approval, adding that, if this request is approved by
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Council, a related minor replat would be processed as well to consolidate the property into a
single address.
Motion To Approve CASE #PZ 18 -05. Action Approve, Moved By Pugh, Seconded By
Mayor Pro Tem Lee. Motion passes Unanimously.
B. Appoint a Charter Study Committee
Motion To Approve appointments to the Charter Study Committee as nominated. Action
Approve, Moved By Joplin, Seconded By Mayor Pro Tem Lee.
Councilmember Gilley requested the motion be amended to provide for an alternate Chair,
in the event that Mayor Brian Johnson could not attend a meeting. Mayor Johnson
nominated Bob Gruenhagen for that purpose, and the motion was amended as such.
Motion To Approve appointments to the Charter Study Committee as nominated, with
Mayor Brian Johnson serving as Chair and Bob Gruenhagen serving as Chair in the event
of his absence. Action Approve, Moved By Joplin, Seconded By Mayor Pro Tem Lee.
Motion passes Unanimously.
Mayor Johnson recessed to Executive Session at 8:17 p.m.
XIII. EXECUTIVE SESSION
A. Briefing on Gafford property code violations
B. Discussion of City Manager's Annual Evaluation
C. City Attorney briefing on legal issues with BSK related to sewer line construction in the Dick
Price Road area
D. Discussion of the Arlington Water Contract
E. Discuss pending legal matters with the Ron Sturgeon vs. City of Kennedale
F. Discuss details of September City Attorney invoices
XIV. RECONVENE INTO OPEN SESSION, AND TAKE ACTION NECESSARY PURSUANT TO
EXECUTIVE SESSION, IF NEEDED
The Council reconvened into Open Session at 9:52 p.m.
A. Provide staff direction regarding Ron Sturgeon vs. City of Kennedale litigation
There was neither discussion nor action taken at this time.
XV. ADJOURNMENT
Motion To Adjourn. Action Adjourn, Moved By Mayor Pro Tem Lee, Seconded By Joplin.
Motion passed Unanimously.
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Mayor Johnson adjourned the meeting at 9:54 p.m.
APPROVED:
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B IAN JOHN ON, MAYOR
ATTEST:
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ESLIE GALLOWAY, CITY SECRETARY
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