12.13.2007 CC Minutes3290
MINUTES
KENNEDALE CITY COUNCIL
REGULAR MEETING -DECEMBER 13, 2007
405 MUNICIPAL DR. - KENNEDALE MUNICIPAL BLDG.
Mayor, Bryan Lankhorst called the meeting to order at 5:30 p.m.
Members present: Mayor, Bryan Lankhorst; Mayor Pro-Tem, John Clark; Councilmember's
Brian Johnson, Jerry Miller, Ronnie Nowell, and David Green.
Members absent: None
Staff present: Bob Hart, City Manager; Kathy Turner, City Secretary; Wayne K. Olson, City
Attorney; Clifford Blackwell, III, Director of Finance; Larry Hoover, Code Enforcement Officer;
James Cowey, Building Official; Tommy Williams, Police Chief; Scott Raven, Fire Chief; and
Mike Soab, Director of KEDC.
I. WORK SESSION
Discussion will take place on the following items:
Results of various surveys conducted by UTA School of Public Affairs, and Ed
Barry, AICP.
Final results of the various surveys were not available at the time of the meeting.
Therefore, Bob Hart, City Manager presented before Council a draft report on
Citizen Input regarding Strategic Issues. Hart advised that specific response
summaries are not significantly different from similar surveys done in other
communities, in such that public safety is most supported and appreciated with
street maintenance along with code enforcement being most criticized. In addition,
public safety rated high in comparison to surrounding cities with
streets/transportation and parks/recreation rating lower.
Next, focus group discussions were highlighted which was undertaken by the UTA
Communications Class. Students addressed the racetracks, city image, town
center, and adequacy of city services. The racetracks were perceived as a
community asset, in which can be built upon to strengthen the community. Second,
the salvage yards reflected negatively on the external appearance versus the use
itself. Citizens felt the City should be more aggressive in utilizing a recycling
program to coincide with the use of salvage yards rather than simply trying to get
rid of them. Third, there was a real interest in establishing a vibrant town center
excluding big box retail and franchise retail shops.
Hart said additional comments were provided, which included concerns with no
sidewalks along Highway 287, the need to establish a park setting in the Village
Creek area, establish entrance features to the City, and concerns with loosing small
town feel as school district was growing.
Ed Barry, AICP then addressed the Visual Character Survey. A summary was
provided regarding observations on single-family residential, commercial
development, fast-food and convenience stores, office and industrial, auto sales,
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salvage yards and race tracks, fencing, parking lots and landscaping, and
streetscapes and signage.
In addition, Mr. Barry shared recent findings from past and present developers that
have dealt or are dealing with the City. Barry said that developers are cautious,
apprehensive and feel that there is unpredictability in decision making due to
political views within the City. Furthermore, developers see that rules are not
applied fairly and experience changes throughout the development process.
Overall, the City would benefit from implementing straightforward procedures and
provide training among staff and advisory board/commissions to better
communicate with the public and developers.
In closing, Bob Hart, City Manager said that the industrial survey comments were
being consolidated. However, he did see that Kennedale has several businesses
with international ties, but were experiencing difficulty with finding skilled
workers, and could see a need for job training and development. Hart did note that
the businesses would like to see more support services for their workers (i.e.
restaurants, office supplies stores, basic stores), as well as road improvements
throughout the City.
II.
III.
b. Any item on the agenda, if needed.
Bob Hart, City Manager provided three rate structures for Council review in
regards to the solid waste services contract that would require council action along
with agenda item VIII-i.
No further discussion, Mayor Lankhorst closed the work session at 6:52 p.m.
REGULAR SESSION
Mayor, Bryan Lankhorst called the meeting to order at 7:02 p.m.
INVOCATION AND PLEDGE OF ALLEGIANCE
Bob Hart, City Manager provided the Invocation followed by the Pledge of Allegiance
being recited.
IV. VISITOR/CITIZENS FORUM
Wayne Wooten, representing Empire Disposal addressed Council regarding the use of
Dick Price Road by waste hauler trucks. Wooten advised that Empire Disposal have 12
trucks that deliver to the landfill on Dick Price Road, which is 325 deliveries in one
week. He said the use of Dick Price Road would remove the trucks from the school zone
located on Kennedale Parkway, and his company would see a reduction in fuel costs by
reducing mileage of 17 to 20 miles by a direct route.
Charlie Doescher, Manager for Apache Truck and Van located at 1121 W. Kennedale
Parkway, Kennedale, TX registered to speak before Council regarding the zoning
classification of businesses that are allowed to operate in C-l Zoning District.
Mr. Doescher also thanked Council for their spirit of cooperation and willingness to meet
and talk and bring the citizens and businesses together.
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V.
REPORTS/ANNOUNCEMENTS
a. City Manager
• Angel Tree -Fire Department
Bob Hart, City Manager called upon Fire Chief, Scot Raven to address the
Angel Tree program. Chief Raven advised that the Angel Tree is a community
outreach program that targets Kennedale citizens and KISD children who are in
need of assistance during the holidays. This year needs call for 129 angels, 50
senior citizens and 6 families in need of food. Raven said that anyone wishing
to assist with the program or make donations could stop by the Fire
Department for details.
City Council
Councilmember, Jerry Miller spoke about water problems in Oak Hill Park, and
requested that the City place a moratorium on permits and inspections in this
development until drainage issues are resolved.
Councilmember, David Green expressed thanks to fellow Councilmembers and the
Mayor, as well as local businesses for their participation in the Delaney Carnival.
Councilmember Green said the carnival raised a little over $9,000.00, which would
benefit the Delaney PTA.
Mayor
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VI.
No announcements/reports.
PUBLIC HEARING(S)
a. To receive citizens' comments regarding Case #PZ 07-06, a zone change request
for approximately 1.018 acres with the legal description being a portion of Lot 2,
Block 1, Southwest Crossing Addition, Kennedale, Texas, Tarrant County. The
properly is located at the corner of Little School Road and US 287. This
subdivision is the site for the Wal-Mart that will be located in Kennedale and
Arlington, but a portion of Lot 2 is one of the pad sites. The zoning at the present
time is "R-1" (Single Family Residential) and is proposed to rezone to "C-1"
(Restricted Commercial) as requested by Chris Biggers on behalf of Dunaway
Associates, LP.
No persons registered for or against Case #PZ 07-06. Mayor Lankhorst closed the
public hearing at 7:28 p.m.
b. To receive citizens' comments regarding a proposed ordinance amending Chapter
17, Article VII, of the Kennedale City Code (1991), as amended, to make changes
to the city's sign regulations; adding definitions of electronic message board and
sandwich signs and regulations governing them; amending setback requirements
for detached signs; and increasing the permitted size of monument signs.
No persons registered for or against proposed ordinance. Mayor Lankhorst closed
the public hearing at 7:29 p.m.
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VII. CONSENT AGENDA
Mayor Pro Tem, John Clark moved to remove consent agenda items c and e for
discussion, second by Councilmember, Jerry Miller. Motion carried (5-0).
a. Approval of minutes: Regular meeting dated November 8, 2007.
b. Approval to authorize City Manager to execute contract for telephone hardware for
a new telephone operating system with voice-over capabilities.
d. Approval of Resolution No. 243, declaring certain property surplus and/or salvage
and authorizing the sale of said property.
Approval to authorize City Manager to execute contract with AT&T Mobility for
city cell phones.
Mayor Pro-Tem, John Clark moved to approve consent agenda items a, b, d, and f.
Motion second by Councilmember, Jerry Miller. Motion carried (5-0).
VIII. REGULAR ITEMS
Approval to authorize City Manager to execute contract with Tarrant County
Emergency Services District No. One to provide fire and/or ambulance services to
properties located outside the boundaries of the City.
Mayor Pro-Tem, John Clark moved to authorize City Manager, Bob Hart to
execute contract with Tarrant County Emergency Services District No. One to
provide fire and/or ambulance services to properties located outside the boundaries
of the City, second by Councilmember, David Green. Motion carried (5-0).
e. Approval to purchase three police vehicles through Tarrant County Cooperative
Purchasing Program.
Mayor Pro-Tem, John Clark moved to approve purchase of three police vehicles
through Tarrant County Cooperative Purchasing Program in the amount of Seventy
One Thousand Dollars, Three Hundred Sixty Four Dollars, and Seventy Five Cents
($71, 364.75), second by Councilmember, Ronnie Nowell. Motion carried (S-0).
g. Review and consider Ordinance No. 384, Case #PZ 07-06, a zone changes request
for approximately 0.7452 acres with the legal description being a portion of Lot 2,
Block 1, Southwest Crossing Addition, Kennedale, Texas, Tarrant County, Texas.
The property is located at the corner of Little School Road and US 287. This
subdivision is the site for the Wal-Mart that will be located in Kennedale and
Arlington, but a portion of Lot 2 is one of the pad sites. The zoning at the present
time is "R-1" (Single Family Residential) and is proposed to rezone to "C-l"
(Restricted Commercial) as requested by Chris Biggers on behalf of Dunaway
Associates, LP.
Councilmember, David Green moved to approve Ordinance No. 384, second by
Councilmember, Brian Johnson.
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Discussion ensued regarding highest and best use of this property, as well as vested
rights to the property prior to the property being brought into the Kennedale city
limits.
Councilmember, David Green withdrew his motion, and Councilmember, Brian
Johnson withdrew his second.
Councilmember Green moved to table Ordinance No. 384 to allow for discussions
between the City Manager, Bob Hart and Wal-Mart representatives regarding the
intended use of the property, and to reconsider this case at the January 10, 2008
meeting, second by Mayor Pro-Tem, John Clark. Motion carried (5-0).
h. Review and consider Ordinance No. 385, Amending Chapter 17, Article VII, of the
Kennedale City Code (1991), as amended, to make changes to the city's sign
regulations; adding definitions of electronic message board and sandwich signs and
regulations governing them; amending setback requirements for detached signs;
and increasing the permitted size of monument signs.
Councilmember, Ronnie Nowell moved to approve Ordinance No. 385, amending
Chapter 17, Article VII, of the Kennedale City Code (1991), as amended, to make
changes to the city's sign regulations; adding definitions of electronic message
board and sandwich signs and regulations governing them; amending setback
requirements for detached signs; and increasing the permitted size of monument
signs, second by Councilmember, David Green.
Discussion ensued with sandwich board signs and time restriction signs could be
displayed.
Mayor Pro-Tem, John Clark recommended the following typographical errors be
corrected: Section 17.502. Definitions -Signs, Sandwich board - 2"d line, the word
"place" should read "placed"; Section 17-508. (3) - 2"d line, the word "of' should
read "for"; Section 17.508 (d) (2) d. second word "no" should read "not"; and
Section 17.508.5 (a) (2), fourth word "of 'should read "or".
Motion carried with Councilmember's Ronnie Nowell, David Green, Brian
Johnson, and Mayor Pro-Tem, John Clark voting aye, with Councilmember, Jerry
Miller voting nay. Motion carried (4-1).
Review and consider approval to authorize City Manager to execute contract for
Solid Waste Services.
Mayor Pro-Tem, John Clark moved to authorize City Manager, Bob Hart to
execute a contract with IESI for solid waste services with option #2 rate structure,
subject to legal counsel working out indemnification provisions of the contract,
second by Councilmember, Ronnie Nowell. Motion carried (5-0).
j. Review and consider approval to authorize City Manager to execute an agreement
with IESI Fort Worth C&D Landfill.
Bob Hart, City Manager advised Council that this agreement would allow
construction debri and trash haulers the use of Dick Price Road, which would
provide the most direct route to the landfill. By accepting this agreement, the City
would eliminate the issuance of permits for trucks traveling Dick Price Road, and
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start collecting a royalty fee from IESI based upon the tons that are disposed of at
the landfill at a fee of Twenty Five Cents ($0.25), which would generate
approximately One Hundred Fifty Thousand Dollars ($150,000.00) a year to the
City.
In addition, Hart said the landfill has a 10 to 15 year life span, which means the
City would be looking at collecting Two Million Dollars ($2,000,000.00) over the
life span of the contract. Hart recommended all proceeds from the royalty fee go
towards rebuilding Dick Price Road.
Steve Keller, representing Waste Management echoed previous speaker, Wayne
Wooten. Keller stated by allowing usage of Dick Price Road to gain access to the
landfill, truck traffic would be reduced through the school zones on Kennedale
Parkway. Keller also advised that residential trash haulers would not be using Dick
Price Road, as the new roadway to the Southeast Landfill would be completed, thus
reducing some truck traffic.
Bill Massey of 313 S. Dick Price Rd., Kennedale, TX spoke to Council regarding
the loud noise of the trucks in regards to the empty beds bouncing against the
frames. Massey said the trucks do not abide by the speed limit, and felt that the
truck traffic had increased, as the truck route ordinance was not being enforced.
Mayor Pro-Tem, John Clark moved to authorize City Manager, Bob Hart to
execute an agreement with EISI Fort Worth C&D Landfill for the use of Dick Price
Road, second by Councilmember, David Green. Motion carried (5-0).
Review and consider appointment(s) to serve as Alternates on the Kennedale
Library Advisory Board.
Councilmember, Brian Johnson moved to appoint George Barrett as an Alternate to
the Kennedale Library Advisory Board to serve in Place 6 for a two year term with
an expiration of July 2009, second by Councilmember, Jerry Miller. Motion
carried (5-0).
Review and consider adoption of Values Statement.
Councilmember, David Green moved to approve the Values Statement for the City
of Kennedale:
City of Kennedale
"Exemplifying Excellence"
Dedicated to providing superior services efficiently and fairly to citizens, business
owners, visitors, and fellow employees. All decisions enhance quality of life
through leadership, honesty, respect, teamwork, and equality, to consistently
advance Kennedale in a positive direction!
m
Motion second by Councilmember, Brian Johnson with all members voting in
favor. Motion carried (5-0).
Consider scheduling a special meeting to discuss Tarrant County Road Projects -
Little School Road, Sublett Road, and Bowman Springs Road.
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Mayor Pro-Tem, John Clark moved to schedule a special meeting to discuss
Tarrant County Road Projects on Friday, December 28, 2007 at 8:00 a.m., motion
second by Councilmember, Ronnie Nowell. Motion carried (5-0).
No further discussion, Mayor Lankhorst recessed the meeting at 9:55 p.m. to enter
into executive session.
IX. EXECUTIVE SESSION
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:
]. H&A Land Corporation, d/b/a Showtime Cabaret v. City of Kennedale;
Cause No. 402-CV-0458-Y (Dreamer's).
2. City of Kennedale v. Log Cabin; Cause No. 342-218988-06.
3. Triple X Sign Litigation.
4. Zoning Case at 6901 Mansfield Cardinal Road.
b. The City Council will meet in closed session pursuant to Section SS l .074 of the Texas
Government Code to deliberate the appointment, employment, evaluation,
reassignment, duties, discipline, or dismissal of a public officer or employee.
L KEDC Personnel.
2. Municipal Court Magistrates.
c. 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 -Oak Crest Addition, Lots 4, 5 and 20, Block 7.
X. RECONVENE INTO OPEN SESSION, AND TAKE ACTION NECESSARY
PURSUANT TO EXECUTIVE SESSION, IF NEEDED.
Mayor, Bryan Lankhorst reconvened into open session at 10:32 p.m.
Mayor Pro-Tem, John Clark moved to authorize Mayor to execute agreement with Log
Cabin, second by Councilmember, Brian Johnson. Motion carried (5-0).
a. Review and consider appointments/re-appointments to the Kennedale Economic
Development Corporation.
Mayor Pro-Tem, John Clark moved to appoint Darrell Erwin to serve in Place 7 for
a two-year term to expire in September 2009, second by Councilmember, Ronnie
Nowell. Motion carried (5-0).
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Mayor Pro-Tem, John Clark moved to authorize staff to develop an ordinance to
create two (2) alternate positions on the Kennedale Economic Development
Corporation Board of Directors, second by Councilmember, Brian Johnson.
Motion carried (5-0).
b. Review and consider appointments/re-appointments of Magistrates to serve in
Municipal Court.
Mayor Pro-Tem, John Clark moved to re-appoint Ray Cowan as Magistrate to
serve in Municipal Court, second by Councilmember, Brian Johnson. Motion
carried (5-0).
Mayor Pro-Tem, John Clark moved to re-appoint Jennifer DeMar as Magistrate to
serve in Municipal Court, second by Councilmember, Brian Johnson. Motion
carried (5-0).
Mayor Pro-Tem, John Clark moved to re-appoint Rob Morris as Magistrate to
serve in Municipal Court, second by Councilmember, Brian Johnson. Mayor Pro-
Tem, John Clark, Councilmember's Brian Johnson and David Green voted aye
while Councilmember's Ronnie Nowell and Jerry Miller voted nay. Motion
carried (3-2).
XI. ADJOURNMENT
Councilmember, Ronnie Nowell moved to adjourn the meeting at 10:55 p.m., second by
Councilmember, Brian Johnson. Motion carried (5-0).
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APPROVED:
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Mayor, Bryan Lankhorst
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Kathy Turn r, City Secretary
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