05.08.2008 CC Minutes
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MINUTES
KENNEDALE CITY COUNCIL
REGULAR MEETING – MAY 8, 2008
405 MUNICIPAL DR. – KENNEDALE MUNICIPAL BLDG.
COUNCIL CHAMBERS
Mayor, Bryan Lankhorst called the meeting to order at 7:00 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: Clifford Blackwell, III, Director of Finance; Kathy Turner, City Secretary; Wayne
K. Olson, Legal Counsel; Larry Hoover, Code Compliance Officer; Crystal Tort, Planning
Assistant; Tommy Williams, Chief of Police; and Mike McMurray, Fire Chief.
II. INVOCATION AND PLEDGE OF ALLEGIANCE
Pastor James Adeyeye provided the invocation followed by the Pledge of Allegiance
being recited.
III. VISITOR/CITIZENS FORUM
Bob Johnson, 1001 Oak Hill Park, Kennedale, TX addressed council with concerns of
continued flooding in the Oak Hill neighborhood subdivision.
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Venita Thomas, 412 W. 3 Street, Kennedale, TX addressed council regarding stagnate
water and mosquito problems on an adjacent lot to her home. Thomas said the City had
pumped the water off the lot several times, but it is a repeated problem, as the water
cannot drain properly.
IV.REGULAR ITEMS
a. Approval of minutes: Regular Meeting dated April 10, 2008.
Councilmember, Jerry Miller moved to approve the regular meeting minutes dated
April 10, 2008, second by Mayor Pro-Tem, John Clark. Motion carried (5-0).
b. Public hearing, Review and consider approval of P&Z Case #08-04, request for a
Re-Plat of Block 43, Lots 5 thru 8, City of Kennedale Addition to that of Block 43,
Lot 5R, City of Kennedale, Addition, as requested by First Baptist Church of
Kennedale.
1. Staff presentation of case – Larry Hoover, Code Compliance Officer
briefed Council on reasoning of re-plat, and advised that the Planning and
Zoning Commission recommended approval of the re-plat with a 7-0 vote.
2. Applicant presentation of case – Applicant was not present to provide a
presentation.
3. Public hearing - No persons registered to speak for or against P&Z Case
#08-04. Mayor, Bryan Lankhorst closed the public hearing at 7:15 p .m.
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4. Applicant response – Applicant was not present to provide a response.
5. Action on case – Councilmember Green moved to approve P&Z Case #08-
04, second by Councilmember, Jerry Miller. Motion carried (5-0).
c. Public Hearing, Review and consider approval of proposed ordinance amending the
Comprehensive Zoning Ordinance of the City of Kennedale, Texas, as amended, by
adding a new “C-0” Retail Commercial District, and amending the Schedule of
Uses to reflect the new retail commercial district.
1. Staff presentation of case – Larry Hoover, Code Compliance Officer
briefed Council on the “C-0” Retail Commercial District, and advised that
the Planning and Zoning Commission recommended approval of the
proposed zoning classification with a 7-0 vote.
2. Public hearing – No persons registered to speak for or against the proposed
ordinance adding “C-0” Retail Commercial District to the Comprehensive
Zoning Ordinance. Mayor, Bryan Lankhorst closed the public hearing at
7:17 p.m.
3. Action on case – Wayne K. Olson, legal counsel recommended Council
table the ordinance, as the current ordinance in the city council packet did
not contain some recommended revisions.
Councilmember, Brian Johnson moved to table ordinance until May 20,
2008 meeting. Councilmember, Brian Johnson withdrew his motion.
Councilmember, Jerry Miller requested discussion in executive session
regarding ordinance. Mayor, Bryan Lankhorst proceeded to the next
agenda item, with action on this item being addressed after executive
session, Item VI.
d. Public Hearing, Review and consider approval of proposed ordinance amending the
Comprehensive Zoning Ordinance of the City of Kennedale, Texas, as amended, to
allow modified zoning. Modified zoning would allow the Planning and Zoning
Commission and/or the City Council when considering a rezoning application to
have the authority to recommend and/or approve any zoning classification having a
lesser intensity and being more restrictive than the zoning designation requested by
the applicant.
1. Staff presentation of case – Larry Hoover, Code Compliance Officer
briefed Council on modified zoning, and advised that the Planning and
Zoning Commission recommended approval of such classification with a
7-0 vote.
2. Public hearing - No persons registered to speak for or against the proposed
ordinance on modified zoning. Mayor, Bryan Lankhorst closed the public
hearing at 7:30 p.m.
3. Action on case – Wayne K. Olson, legal counsel advised that notification
requirements in ordinance had been amended to comply with State law.
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There being no further discussion, Mayor Lankhorst reconvened into
executive session at 7:31 p.m.
V. 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; advice on noise regulations; regulation of
sexually oriented businesses; and litigation, settlement offers, and/or claims
regarding the following matters:
1. Christal’s Settlement Agreement.
b. 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
1. Property located at 209 N. New Hope Road, Kennedale, TX (Old City Hall)
VI. RECONVENE INTO OPEN SESSION, AND TAKE ACTION PURSUANT TO
EXECUTIVE SESSION, IF NEEDED.
Mayor, Bryan Lankhorst reconvened into open session at 7:57 p.m.
Mayor Pro-Tem, John Clark moved to table “C-0” Retail Commercial District ordinance,
second by Councilmember, Brian Johnson. Motion carried (5-0).
Mayor Pro-Tem, John Clark moved to table modified zoning ordinance, second by
Councilmember, Brian Johnson. Motion carried (5-0).
VII.ADJOURNMENT
Mayor Pro-Tem, John Clark moved to adjourn the meeting at 7:59 p.m., second by
Councilmember, Brian Johnson. Motion carried (5-0).
APPROVED:
Mayor, Bryan Lankhorst
ATTEST:
Kathy Turner, City Secretary