02.08.2007 CC Minutes
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I MINUTES
KENNEDALE CITY COUNCIL
REGULAR MEETING - FEBRUARY 8, 2007
405 MUNICIPAL DR. - KENNEDALE MUNICIPAL BUILDING
COUNCIL CHAMBERS
Mayor, Bryan Lankhorst called the meting to order at 5:36 p.m.
Members present: Mayor, Bryan Lankhorst; Mayor Pro-Tern, George Barrett; Councilmember's
John Clark, Brian Johnson, David Green, and Ronnie Nowell.
Members absent: None
Staff present: Mark White, Interim City Manager; Kathy Turner, City Secretary, Clifford
Blackwell, III, Director of Finance; Tommy Williams, Chief of Police; Scott Raven, Fire Chief;
Lt. Mike Plumlee, Kennedale Fire Department; Chad Crafton, Water Operations Supervisor;
James Cowey, Building Official; Bobbie Spence, Court Coordinator, and Wayne K. Olson, Legal
Counsel.
I. WORK SESSION
Discussion will take place on the following items:
1. Racial Profiling Report.
I Tommy Williams, Chief of Police addressed Racial Profiling Report in accordance
to SB 1074, which provided Statistical Data, Complaints, Public Education, and
Employee Training.
2. Future Bond Election.
Mark White, Interim City Manager addressed Council on future bond issues and
recommended Council delay action on such issues until November 2007.
3. Any item on the agenda, if needed.
Mark White, Interim City Manager recommended regular item four be removed
from the agenda. White advised that Enox Re-plat did not receive Planning and
Zoning Commission approval, and approval was required prior to Council
consideration.
Mike Soab, KEDC Director announced that in conjunction with Mayor Lankhorst a
S.W.O.T. (Strengths, Weakness, Opportunities and Threats) Seminar is being
planned for early March, which would consist of a joint meeting between City
Council, Planning & Zoning Commission, and the Kennedale Economic
Development Corporation. This seminar would be a brainstorming session to
I provoke discussion on Kennedale's economic future and would be open to the
citizens.
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Councilmember Barrett sought clarification on regular item three and questioned if I
expenditure was charged against KEDC. It was noted that such expenditure was a
KEDC expense.
Councilmember Green questioned if there needed to be a not to exceed limit on
regular items seven and eight.
Mark White, Interim City Manager addressed items seven and eight. Item seven,
White implied Park Bard recommended the City bid out entire project for Rolling
Acres Park, which was not budgeted, and it was estimated at a cost of Two Hundred
Thirty Six Thousand Dollars ($236,000.00). White said Park Development Fund
consisted of One Hundred Thousand Dollars ($100,000.00), and staff suggested only
that amount of improvements be implemented, which would consist of sidewalk,
clearing of site, and park sign. However, the Park Board wished to have entire
project bid, and the Board is seeking Council authorization to do such. It was noted
there was a gap in funds between what was available and bid amount. A suggestion
was made to approach KEDC to fund the difference otherwise the City would have
to seek the difference from reserves.
White then addressed item eight. He implied that an estimate was provided on the
repairs of the old library building, and if Council wished to place an amount not to
exceed, that would be fine.
Last, White addressed item 10. He informed Council that community center rentals
might take place outside of normal operating hours, which may cause overtime pay I
due to city staff inspecting the facility. White implied funds were not budgeted
however, expense could be offset with fees charged for rental. Councilmember
Clark recommended that a digital camera be available to take pictures to reflect
condition before and after each use.
No further discussion, Mayor Lankhorst recessed the work session to enter into
executive session at 5:57 p.m.
II. RECESS TO EXECUTIVE SESSION
1. The City Council will meet in closed 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 legal issues regarding amortization of
nonconforming uses; weight permits on Dick Price Road; regulation of sexually
oriented businesses; and litigation, settlement offers, and/or claims regarding the
following matters:
a. H&A Land Corporation, d/b/a Showtime Cabaret v. City of Kennedale; Cause
No. 402-CV-0458-Y (Dreamer's)
b. H&A Land Corporation, d/b/a/ Showtime Cabaret v. City of Kennedale; Cause I
No. 4:05-CV-21O-Y (Showtime)
c. Doyle Lee Shastid, Jr. v. City ofKennedale; Cause No. 096-216918-06.
d. City of Kennedale v. Log Cabin; Cause No. 342-218988-06.
e. City of Fort Worth's application for expansion of Southeast Landfill.
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I 2. The City Council will meet in closed session to deliberate the appointment, employment,
evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee,
Section 551.074, Texas Government Code.
a. City Manager
3. 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 .
III. RECONVENE INTO REGULAR SESSION
Mayor Lankhorst reconvened into regular session at 7: 10 p.m.
IV. INVOCATION AND PLEDGE OF ALLEGIANCE
Councilmember Barrett gave the invocation and led the Pledge of Allegiance.
V. TAKE ACTION NECESSARY PURSUANT TO EXECUTIVE SESSION.
Councilmember Clark moved to authorize the KEDC to proceed with contract sale as
discussed in executive session, second by Councilmember Barrett. Councilmember's
Clark, Barrett, Johnson and Green voted aye, while Councilmember Nowell abstained
I due to Conflict of Interest filing. Motion carried (4-0-1 ).
VI. PRESENTATIONS
1. Mayor Lankhorst will recognize the Kennedale Park Board for recent acquisition of
State Park Grant.
Mayor Lankhorst recognized Kennedale Park Board Members and announced that
the Board had acquired a State Park Grant in the amount of Four Hundred Thousand
Dollars ($400,000.00) that would be used for Sonora Park improvements.
2. Mayor Lankorst will recognize and present Certificate to Bobbie Spence, Court
Administrator for winning selection of City Mission Statement.
Mayor Lankhorst presented a Certification of Appreciation and an Acrylic A ward to
Bobbie Spence, Court Administrator for submitting the winning City Mission
Statement.
3. Mayor Lankhorst will recognize and present Certificate to Lt. Mike Plumlee,
Kennedale Fire Department for his assistance in creating specifications to upgrade
the City of Kennedale's information technology and networking capabilities.
I Mayor Lankhorst presented an Above and Beyond Certificate and an Acrylic A ward
to Lt. Mike Plumlee, Kennedale Fire Department for his assistance in creating
specifications to upgrade the City of Kennedale's information technology and
networking capabilities
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VII. PUBLIC HEARINGS I
1. To receive citizen's comments regarding Case #PZ 06-13, a request for re-plat of
2.872 acres. Legal description being Block 1, Lot 1, Enox Office Addition in the City
of Kennedale, Tarrant County, Texas. The applicant, also, requests a variance from
the conformance of zoning ordinance requirements of the Sub-division Regulations
Section 17-213 (2) and from the minimum 50' frontage on and access to an existing
public street in Section 17-225. The property is located at 1129 Little School Rd as
requested by William and Mary Enox.
This public hearing was removed from the agenda, as City Code requires a re-plat to
be approved by the Planning and Zoning Commission prior to submission to the City
Council.
2. To receive citizen's comments regarding Case #PZ 06-14, a request for rezoning 48
acres. Legal description being Tract 2 of the J M Lilly Survey, Abstract 980 and
Tract 3 of the J M Lilly Survey, Abstract 985, in the City of Kennedale, Texas,
Tarrant County. The address is 925 Mansfield Cardinal Road. The zoning at the
present time is "AG" (Agricultural) and is proposed to rezone to "R-2" (Single
Family Residential), as requested by Adlai Pennington with MKP & Associates, Inc.
Adlai Pennington, MKP & Associates, Inc., 1375 Gilman Rd., Fort Worth, TX
76140, Applicant/Developer addressed Council in favor of Case #PZ 06-14.
Pennington was questioned on the difference between Case #PZ 06-05 and Case #PZ
06-14, in which he replied most significant difference related to a fully designed I
retention/detention pond that was moved slightly to the interior of the subdivision to
create a chic outflow through natural vegetation and organic material. Pennington
also said subdivision contained one lot less than previous to allow for re-positioning
of the retention/detention pond, and that pond exceeded the city's current ordinance
by a minimum of25 percent (25%).
Next, Mr. Pennington introduced Engineer, Bill Boomer with Civil Solutions, Inc.,
who answered questions, related to drainage from Council. Mayor Lankhorst then
called for citizen's comments.
The following citizens addressed Council in opposition to Case #PZ 06-14: Linda
Miller, 411 Kevin Miller Rd., Kennedale, TX; Lora Dell Ford, 305 Collett Sublett
Rd., Kennedale, TX; Roy Boenig, 1020 Kennedale Sublett Rd., Kennedale, TX; and
Frank Fernandez, 911 Shady Vale, Kennedale, TX.
Concerns expressed by the individuals against Case #PZ 06-14 included: drainage
issues, increased traffic, taxing of city infrastructures and city personnel, R-1 Single
Family versus R-2 Single Family, six roadways merging together within 1,000 feet of
one another at the location, and taxing school resources. It was also noted that
businesses look at several aspects when locating to a city, not just rooftops.
Businesses look at demographics, as well as income level to determine what type of
businesses will survive in an area. I
The following persons registered against Case #PZ 06-14, but did not address
Council: Paul Cartsceillo, 1032 Kennedale Sublett Rd., Kennedale, TX, and Glenda
Boenig, 1020 Kennedale Sublett Rd., Kennedale, Tx.
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I The following person registered in favor of Case #PZ 06-04: Pat Doescher, Chairman
for the Kennedale Chamber of Commerce. Doescher implied commercial property
was hard to sell in Kennedale due to low roof top count, and that the City needed to
look towards the future because progress was going to happen, as Kennedale was
primed for it. Doescher asked Council to keep that in mind when taking their vote.
In closing, Adlai Pennington reminded Council that tonights' hearing was a zoning
case. Pennington advised Planning and Zoning Commission previously approved the
Preliminary Plat based upon this zoning case, and respectively requested approval.
No further comments, Mayor Lankhorst closed the public hearing at 8:09 p.m.
3. To receive citizen's comments regarding Case # PZ 06-16 thorough Case # PZ 06-32,
a request for a City initiated zone change to the properties listed below in the Beacon
Hill Subdivision. Legal description being 35.369 acres out of the B. Jopling Survey,
Abstract 880 and out ofthe F. Wood Survey, Abstract 1628 in the City of Kennedale,
Tarrant County, Texas. The current zoning is R-l (Single Family Residential) and R-
2 (Single Family Residential) mixed and the proposed zoning would be R-3 (Single
Family Residential). The Beacon Hill Subdivision is located at the intersection of
Swiney-Hiett Road and Mansfield Cardinal Road:
Beacon Hill Subdivision:
a. PZ 06-16 - Lot 1, Block 4, Address: 1022 Chandler Street currently zoned R-2.
I b. PZ 06-17 - Lot 2, Block 4, Address: 1024 Chandler Street currently zoned R-2.
c. PZ 06-18 - Lot 3, Block 4, Address: 1026 Chandler Street currently zoned R-2.
d. PZ 06-19 - Lot 4, Block 4, Address: 1028 Chandler Street currently zoned R-2.
e. PZ 06-20 - Lot 5, Block 4, Address: 1030 Chandler Street currently zoned R-2.
f. PZ 06-21 - Lot 6, Block 4, Address: 1032 Chandler Street currently zoned R-2.
g. PZ 06-22 - Lot 1, Block 5, Address: 1039 Chandler Street currently zoned R-2.
h. PZ 06-23 - Lot 10, Block 5, Address: 1036 Chandler Street currently zoned R-2.
i. PZ 06-24 - Lot 9, Block 5, Address: 1040 Chandler Street currently zoned R-2.
j. PZ 06-25 - Lot 8, Block 5, Address: 1044 Chandler Street currently zoned R-1.
k. PZ 06-26 - Lot 7, Block 5, Address: 1051 Chandler Street currently zoned R-2.
1. PZ 06-27 - Lot 29, Block 3, Address: 1113 Jake Circle currently zoned R-2.
m. PZ 06-28 - Lot 28, Block 3, Address: 1035 Jake Circle currently zoned R-2.
n. PZ 06-29 - Lot 27, Block 3, Address: 1037 Jake Circle currently zoned R-2.
o. PZ 06-30 - Lot 22, Block 3, Address: 1047 Jake Circle currently zoned R-2.
p. PZ 06-31 - Lot 21, Block 3, Address: 1049 Jake Circle currently zoned R-2.
q. PZ 06-32 - Phase 11 of the Beacon Hill Subdivision with the following proposed lots and
the proposed addresses being a portion of the 35.369 acres out of the B. Jopling Survey,
Abstract 880 and out of the F. Wood Survey, Abstract 1628:
1. Lot 4, Block 1, Address: 1107 Colbi Street currently zoned R-2.
2. Lot 5, Block 1, Address: 1109 Colbi Street currently zoned R-2.
3. Lot 9, Block 2, Address: 1116 Colbi Street currently zoned R-2.
4. Lot 20, Block 2, Address: 1054 Cydnie Street currently zoned R-2.
5. Lot 21, Block 3, Address: 1102 Cydnie Street currently zoned R-2.
I 6. Lot 19, Block 3, Address: 1106 Cydnie Street currently zoned R-2.
7. Lot 18, Block 3, Address: 1108 Cydnie Street currently zoned R-2.
8. Lot 17, Block 3, Address: 1110 Cydnie Street currently zoned R-2.
9. Lot 16, Block 3, Address: 1112 Cydnie Street currently zoned R-l.
10. Lot 15, Block 3, Address: 1103 Cydnie Street currently zoned R-2.
11. Lot 14, Block 3, Address: 1101 Cydnie Street currently zoned R-2.
12. Lot 13, Block 3, Address: 1053 Cydnie Street currently zoned R-2.
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13. Lot 12, Block 3, Address: 1051 Cydnie Street currently zoned R-2. I
14. Lot 11, Block 3, Address: 1049 Cydnie Street currently zoned R-2.
No persons registered to speak for or against Case # PZ 06-16 through Case # PZ 06-
32. Mayor Lankhorst closed the public hearing at 8: 11 p.m.
VIII. CONSENT AGENDA
1. Approval of minutes: regular meeting dated January 11, 2007, and special meeting
dated January 18, 2007.
2. Consider approval of Resolution No. 222, declaring certain property surplus and/or
salvage and authorizing the sale of said property.
Councilmember Barrett moved to approve consent agenda items, second by
Councilmember Green. Motion carried (5-0).
IX. REGULAR ITEMS
3. Consider approval of expenditure not to exceed Forty Four Thousand Dollars
($44,000.00) for a contract between the Kennedale Economic Development
Corporation and Schrader & Cline for establishing a Tax Increment Financing
District along Kennedale Parkway.
Councilmember Barrett moved to approve expenditure not to exceed Forty Four I
Thousand Dollars ($44,000.00) for a contract between the Kennedale Economic
Development Corporation and Schrader & Cline for establishing a Tax Increment
Financing District along Kennedale Parkway. Motion second by Councilmember
Green. Motion carried (5-0).
4. Consider approval of Case #PZ 06-13, a request for re-plat of 2.872 acres. Legal
description being Block 1, Lot 1, Enox Office Addition in the City of Kennedale,
Tarrant County, Texas. The applicant, also, requests a variance from the
conformance of zoning ordinance requirements of the Sub-division Regulations
Section 17-213 (2) and from the minimum 50' frontage on and access to an existing
public street in Section 17-225. The property is located at 1129 Little School Rd as
requested by William and Mary Enox.
No action taken on this item.
5. Consider approval of Case # PZ 06-14, a request for rezoning 48 acres. Legal
description being Tract 2 of the J M Lilly Survey, Abstract 980 and Tract 3 of the J
M Lilly Survey, Abstract 985, in the City of Kennedale, Texas, Tarrant County. The
address is 925 Mansfield Cardinal Road. The zoning at the present time is "AG"
(Agricultural) and is proposed to rezone to "R-2" (Single Family Residential), as
requested by Adlai Pennington with MKP & Associates, Inc.
Councilmember Nowell moved to approve Case # PZ 06-14, second by I
Councilmember Green.
Legal Counsel, Wayne K. Olson reminded Council that a Petition was received and a
super majority vote would be required to approve Case # PZ 06-14.
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I Discussion took place regarding the highest and best use of the property.
Councilmember's Nowell, Green, Barrett and Johnson voted aye, while
Councilmember Clark voted nay. Motion carried (4-1).
6. Consider approval of Case # PZ 06-16 through Case # PZ 06-32, a request for a City
initiated zone change to the properties listed below in the Beacon Hill Subdivision.
Legal description being 35.369 acres out of the B. Jopling Survey, Abstract 880 and
out of the F. Wood Survey, Abstract 1628 in the City of Kennedale, Tarrant County,
Texas. The current zoning is R-1 (Single Family Residential) and R-2 (Single
Family Residential) mixed and the proposed zoning would be R-3 (Single Family
Residential). The Beacon Hill Subdivision is located at the intersection of Swiney-
Hiett Road and Mansfield Cardinal Road:
Beacon Hill Subdivision:
a. PZ 06-16 - Lot 1, Block 4, Address: 1022 Chandler Street currently zoned R-2.
b. PZ 06-17 - Lot 2, Block 4, Address: 1024 Chandler Street currently zoned R-2.
c. PZ 06-18 - Lot 3, Block 4, Address: 1026 Chandler Street currently zoned R-2.
d. PZ 06-19 - Lot 4, Block 4, Address: 1028 Chandler Street currently zoned R-2.
e. PZ 06-20 - Lot 5, Block 4, Address: 1030 Chandler Street currently zoned R-2.
f. PZ 06-21 - Lot 6, Block 4, Address: 1032 Chandler Street currently zoned R-2.
g. PZ 06-22 - Lot 1, Block 5, Address: 1039 Chandler Street currently zoned R-2.
h. PZ 06-23 - Lot 10, Block 5, Address: 1036 Chandler Street currently zoned R-2.
i. PZ 06-24 - Lot 9, Block 5, Address: 1040 Chandler Street currently zoned R-2.
I j. PZ 06-25 - Lot 8, Block 5, Address: 1044 Chandler Street currently zoned R-1.
k. PZ 06-26 - Lot 7, Block 5, Address: 1051 Chandler Street currently zoned R-2.
1. PZ 06-27 - Lot 29, Block 3, Address: 1113 Jake Circle currently zoned R-2.
m. PZ 06-28 - Lot 28, Block 3, Address: 1035 Jake Circle currently zoned R-2.
n. PZ 06-29 - Lot 27, Block 3, Address: 1037 Jake Circle currently zoned R-2.
o. PZ 06-30 - Lot 22, Block 3, Address: 1047 Jake Circle currently zoned R-2.
p. PZ 06-31 - Lot 21, Block 3, Address: 1049 Jake Circle currently zoned R-2.
q. PZ 06-32 - Phase II of the Beacon Hill Subdivision with the following proposed lots and
the proposed addresses being a portion of the 35.369 acres out of the B. Jopling Survey,
Abstract 880 and out of the F. Wood Survey, Abstract 1628:
1. Lot 4, Block 1, Address: 1107 Colbi Street currently zoned R-2.
2. Lot 5, Block 1, Address: 1109 Colbi Street currently zoned R-2.
3. Lot 9, Block 2, Address: 1116 Colbi Street currently zoned R-2.
4. Lot 20, Block 2, Address: 1054 Cydnie Street currently zoned R-2.
5. Lot 21, Block 3, Address: 1102 Cydnie Street currently zoned R-2.
6. Lot 19, Block 3, Address: 1106 Cydnie Street currently zoned R-2.
7. Lot 18, Block 3, Address: 1108 Cydnie Street currently zoned R-2.
8. Lot 17, Block 3, Address: 1110 Cydnie Street currently zoned R-2.
9. Lot 16, Block 3, Address: 1112 Cydnie Street currently zoned R-l.
10. Lot 15, Block 3, Address: 1103 Cydnie Street currently zoned R-2.
11. Lot 14, Block 3, Address: 1101 Cydnie Street currently zoned R-2.
12. Lot 13, Block 3, Address: 1053 Cydnie Street currently zoned R-2.
13. Lot 12, Block 3, Address: 1051 Cydnie Street currently zoned R-2.
I 14. Lot 11, Block 3, Address: 1049 Cydnie Street currently zoned R-2.
Councilmember Barrett moved to approve Case # PZ 06-16 through Case # PZ 06-
32, second by Councilmember Nowell. Motion carried (5-0).
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7. Consider authorization for bid solicitation for Rolling Acres Park Improvements. I
Councilmember Clark moved to table, second by Councilmember Barrett. Motion
carried (5-0).
8. Consider authorization for building repairs to City owned building located 201 N.
New Hope Road, Kennedale, Texas.
Councilmember Barrett moved to authorize building repairs to City owned building
located at 201 N. New Hope Road, Kennedale, TX in the amount of Five Thousand
Eight Hundred Fifty Dollars ($5,850.00). Motion second by Councilmember Green.
Motion carried (5-0).
9. Consider action, if any to proceed with future Bond Election.
No action was taken on this item.
10. Consider approval of Resolution No. 223, adopting policy for Community Center
use.
Councilmember Clark moved to approve Resolution No. 223, second by
Councilmember Johnson. Motion carried (5-0).
11. Consider approval of Ordinance No. 357, amending fee schedule to amend fees for
use of Community Center. I
Councilmember Clark moved to approve Ordinance No. 357, second by
Councilmember Barrett. Motion carried (5-0).
x. VISITOR/CITIZENS FORUM
Pat Doescher, Chairman with Kennedale Chamber of Commerce extended gratitude and
thanks to the City Council for allowing the Chamber to house their office in the old
Library building located at 201 N. New Hope Rd., Kennedale, TX. She then reminded
everyone of the annual Kennedale Car Show scheduled for April 7, 2007, and said on-
going meetings were being held every Monday to coordinate the event and invited
anyone who wished to participate to attend the meetings. In closing, Doescher"
commended the Council and said that it was nice to see people laughing, and citizens and
city employees being recognized
XI. STAFF REPORT/ANNOUNCEMENTS
1. City Manager Report
Mark White, Interim City Manager advised that sidewalk construction for Sublett
Road is scheduled to commence next week, and that pad was built and concrete had
been poured for the storage structure for Public Works. I
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I XII. MAYOR/COUNCIL REPORT/ANNOUNCEMENTS
1. Mayor Report! Announcements
Mayor Lankhorst spoke about development. He said development is a prime
concern, source of excitement, and the City needed to be aware of its past but look
forward to the future. Lankhorst believes Kennedale's competition is not outside
Kennedale, but with the citizens. He believes the City is moving in the right direction
in thinking progressively, and is planning an economic summit within the next 5 to 6
weeks, which will be an opportunity to entertain ideas and determine who we are and
what we are. After this determination, the City can decide strategy for the future. He
encouraged everyone to keep his or her ears open for news of the summit, which will
be held in the Community Center, and plan on attending.
2. Council Reports/Announcements
Councilmember Green requested that the Kennedale Park Board start naming parks
as they are developed and recommended the Board use the same guidelines as the
City did for naming the Library.
Councilmember Johnson expressed thanks to Mark White, Interim City Manager for
the Employee Appreciation Dinner.
I No further business, Mayor Lankhorst recessed back into executive session at 9:32
p.m. Mayor Lankhorst reconvened into open session at 10:58 p.m.
XIII. ADJOURNMENT
Councilmember Nowell moved to adjourn the meeting at 11 :00 p.m., second by
Councilmember Clark. Motion carried (5-0).
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