01.10.2008 CC Minutes
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MINUTES
KENNEDALE CITY COUNCIL
REGULAR MEETING – JANUARY 10, 2008
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; Larry Hoover, Code Compliant Officer; Clifford
Blackwell, III, Director of Finance; James Cowey, Building Official; and Wayne K. Olson, Legal
Counsel.
I.WORK SESSION
Discussion will take place on the following items:
a. Storm water drainage plan.
Council watched an eight-minute video presentation regarding storm water run-off.
Sal Stegall, P.E. with Teague Nall and Perkins addressed Council regarding
implementing a five-year storm water management program designed for the City
of Kennedale.
b.Financial reports.
Clifford Blackwell, III, Director of Finance recapped the General Fund Income
Statement as of September 30, 2007 and November 30, 2007, as well as the FY
2006-07 Financial Report.
c. Any item on the agenda, if needed.
Bob Hart, City Manager addressed regular item g and h, Rolling Acres Project and
Town Center Plaza proposals. Hart provided a recap of the proposals to Council
for review and said that items highlighted in yellow would require Council
authorization.
No further discussion, Mayor Lankhort closed the work session to enter into
executive session at 6:27 p.m.
II. EXECUTIVE SESSION
a.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.
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III. REGULAR SESSION
Mayor, Bryan Lankhorst reconvened into regular session at 7:04 p.m.
IV. INVOCATION AND PLEDGE OF ALLEGIANCE
Bob Hart, City Manager provided the Invocation. Pledge of Allegiance was then recited.
V. VISITOR/CITIZENS FORUM
Pat Doescher, Chairman with the Kennedale Chamber of Commerce invited Council to
attend an upcoming meeting on Monday, January 14, 2008 at 6:00 p.m. to start planning
for the upcoming annual car show and health fair.
VI. REPORTS/ANNOUNCEMENTS
a. City Manager - No reports/announcements.
b. City Council – No reports/announcements.
c. Mayor – No reports/announcements.
VII. PUBLIC HEARING
a. To receive citizens’ comments regarding Case #PZ 07-06, a zone change request for
approximately 0.7425 acres with the legal description being a portion of Lot 2,
Block 1, Southwest Crossing Addition, Kennedale, Texas, Tarrant County. 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-1”
(Restricted Commercial) as requested by Chris Biggers on behalf of Dunaway
Associates, LP.
The following persons registered in favor of Case #PZ 07-06 and addressed
Council:
Tom Galbreath, Dunaway Associates, 1501 Merrimac Circle Ste. 100, Fort Worth,
TX 76101 provided a brief history of the Arlington/Kennedale Wal-Mart
agreement. Galbreath explained that no confirmation of a sit down restaurant was
ever promised, as Wal-Mart turns over its out lots to the property management
department who markets and sells the lots. Additionally, Galbreath stated that he
has no control who Wal-Mart markets or sells to and made that clear to the
previous City Manager and Mayor who attended meetings with the City of
Arlington.
Myron Dornic, 901 Main St., #6000, Dallas, TX 75202 representing Wal-Mart
spoke to Council and stated that the previous City Manager requested a sit down
restaurant on one pad site. Dornic stated that he had hoped that Wal-Mart would
consider the request as it would be the easiest way to get the project passed due to
the contention. However, Wal-Mart officials advised that they could not make that
commitment.
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Mathew Cragan, representing Donald Engineering of 1601 E. Lamar Blvd.,
Arlington, TX 76011, and Chase Bank stated that Lot 2 is the only lot that Chase
Bank was interested in.
Persons registering in opposition to Case #PZ 07-06:
Pat Vader, 801 Pennsylvania Ave., Kennedale, TX 76060 addressed Council with a
statement of “I told you so.”
Ernest Harvey, 604 Oak Leaf Dr., Kennedale, TX 76060.
No further comments, Mayor Lankhorst closed the public hearing.
VIII. CONSENT AGENDA
Mayor Pro-Tem, John Clark requested item e be removed from consent agenda.
Wayne Olson, Legal Counsel provided clarification on consent agenda, item d. Olson
advised Council that approving document is consent to change the pooling agreement on
the XTO lease agreement, it is not technically an amendment to the lease, but a consent
that is required.
a. Approval of minutes: Regular meeting dated December 13, 2007
Special meeting dated December 28, 2007
b. Approval to authorize City Manager to execute annual contract with the City of
Fort Worth for Animal Shelter/Rabies Control.
c. Approval to authorize City Manager to execute a contract with Sam Houston State
University for CRIMES Records Management System.
d. Approval to authorize City Manager to execute an amendment to XTO Lease
Agreement.
Mayor Pro-Tem, John Clark moved to approve consent agenda items a through d,
second by councilmember, Brian Johnson. Motion carried (5-0).
IX. REGULAR ITEMS
e.Approval of Resolution No. 244, amending KEDC Bylaws.
Councilmember, Brian Johnson moved to approve Resolution No. 244, amending
KEDC Bylaws, second by Councilmember, Jerry Miller. Motion carried (5-0).
f. Review and consider Ordinance No. 384, Case #PZ 07-06, a zone change request
for approximately 0.7425 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-1”
(Restricted Commercial) as requested by Chris Biggers on behalf of Dunaway
Associates, LP.
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Mayor Pro-Tem, John Clarkmoved to deny Ordinance No. 384, Case #PZ 07-06 as
it is not the highest and best use, second by Councilmember, Jerry Miller.
Mayor Pro-Tem, John Clark, Councilmember’s Jerry Miller, David Green, and
Ronnie Nowell voted aye to deny ordinance, while Councilmember, Brian Johnson
voted nay. Motion carried to deny Ordinance No. 384 (4-1).
g. Review and consider acceptance of Rolling Acres Park proposals for clearing, tree
trimming and grubbing; excavation and waste soil/material removing and rough
grading; excavation & grading and labor and form materials for concrete
walkways; concrete; reinforcing steel; irrigation; and landscaping.
Mayor Pro-Tem, John Clark moved to accept proposals for Rolling Acres Park as
follows: Tree Clearing – Dirt Tech ($5,625.00); Excavation – Dirt-Tech
($22,750.00); Concrete Labor – Farias Concrete ($17,866.20); Concrete – Redi-
Mix ($77.50 yd. - $5.00 yd, adding fiber). Councilmember, Ronnie Nowell second
the motion with all members voting in favor. Motion carried (5-0).
h. Review and consider acceptance of TownCenter Plaza proposals for excavation,
grading, labor and form materials for concrete walkways; concrete; reinforcing
steel; irrigation; and landscaping.
Mayor Pro-Tem, John Clark moved to accept proposals for TowneCenter Plaza
Project as follows: Concrete Labor – Farias Concrete ($28,395.00); and Concrete –
Redi-Mix ($83.50 yd. - $6.50 yd. Adding fiber). Councilmember, Ronnie Nowell
second the motion with all members voting in favor. Motion carried (5-0).
i.Review and consider approval of Ordinance No. 386, amending Kennedale City
Code, Section 22-86 regarding truck routes and weight limits on Dick Price Road
in the City of Kennedale to allow use of Dick Price Road by written agreement
with the City.
Councilmember, Brian Johnson moved to approve Ordinance No. 386, amending
Kennedale City Code, Section 22-86 regarding truck routes and weight limits on
Dick Price Road in the City of Kennedale to allow use of Dick Price Road by
written agreement with the City, second by Councilmember, Jerry Miller.
Motion carried (5-0).
j. Review and consider approval of storm water plan.
Councilmember, Brian Johnson moved to approve storm water plan, second by
Councilmember, David Green. Motion carried (5-0).
k.Review and consider criteria on naming streets, facilities, and other areas within the
City.
Councilmember, David Green moved to approve criteria on naming streets,
facilities, and other areas within the City, second by Councilmember, Jerry Miller.
Motion carried (5-0).
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l. Review and consider re-naming Rolling Acres Park.
Bob Hart, City Manager asked Council to defer action on this item until the
February 14, 2008 regular meeting as the Park Board did not meet and provide a
recommendation.
m. Consider scheduling special meeting for January 26, 2008.
Councilmember, Jerry Miller moved to schedule a special meeting for January 26,
2008 to honor Home Rule Charter Committee, second by Councilmember, Brian
Johnson. Motion carried (5-0).
No further discussion, Mayor, Bryan Lankhorst recessed the meeting at 7:53 p.m.
to enter into executive session.
X. EXECUTIVE SESSION
a.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:
1. H&A Land Corporation, d/b/a Showtime Cabaret v. City of Kennedale;
Cause No. 402-CV-0458-Y (Dreamer’s).
2. Triple X Sign Litigation.
3. Zoning Case at 6901 Mansfield Cardinal Road
The City Council will meet in closed session pursuant to Section 551.074 of the Texas
b.
Government Code to deliberate the appointment, employment, evaluation,
reassignment, duties, discipline, or dismissal of a public officer or employee.
1. KEDC Personnel.
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.
XI. RECONVENE INTO OPEN SESSION, AND TAKE ACTION NECESSARY
PURSUANT TO EXECUTIVE SESSION, IF NEEDED.
a. Review and consider appointment to the Kennedale Economic Development
Corporation.
Mayor, Bryan Lankhorst reconvened into open session at 8:48 p.m., with no action
taken on executive session items.
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XII. ADJOURNMENT
Councilmember, David Green moved to adjourn the meeting at 8:49 p.m., second by
Mayor Pro-Tem, John Clark. Motion carried (5-0).
APPROVED:
Mayor, Bryan Lankhorst
ATTEST:
Kathy Turner, City Secretary